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GENESCO, INC. v. CONE MILLS CORP.

No. 78-1730.

604 F.2d 281 (1979)

GENESCO, INC., a corporation, G. C. Murphy Company, a corporation, and Continental Casualty Company, a corporation, Plaintiffs, and Susan K. Williams, by her next best friend, Emma L. Williams, Appellant, v. CONE MILLS CORPORATION, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 27, 1979.

Attorney(s) appearing for the Case

James C. West, Jr., Clarksburg, W. Va. (Jones, Williams, West & Jones, Dean C. Ramsey, Jones, Williams, West & Jones, Clarksburg, W. Va., on brief), for appellant.

J. Donald Cowan, Jr., Greensboro, N. C. (William L. Young, Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellee.

Before WINTER, BUTZNER and PHILLIPS, Circuit Judges.

WINTER, Circuit Judge:

Unlike most jurisdictions, North Carolina does not suspend the running of the statute of limitations on an infant's cause of action during the period of infancy when the infant has a guardian charged with the duty of bringing the action on his behalf. In this diversity case, the District Court for the Middle District of North Carolina ruled that the statute of limitations on the claim of Susan K. Williams (Susan), a minor, against Cone Mills...

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