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BEAVER v. FOUNTAIN

No. COA10-198.

701 S.E.2d 384 (2010)

Joseph Bernice BEAVER and Ann F. Beaver, Plaintiffs, v. Grant Michael FOUNTAIN, Defendant.

Court of Appeals of North Carolina.

November 16, 2010.

Attorney(s) appearing for the Case

Barron & Berry, L.L.P., Greensboro, by Vance Barron, Jr. , for plaintiff-appellees.

Stephenson, Stephenson & Gray, LLP, Cary, by James B. Stephenson, II , for defendant-appellant.

STEELMAN, Judge.

Where the plain language of the federal Servicemembers' Civil Relief Act provides for the tolling of the statute of limitations in actions in which civilians have brought claims against members of the armed services, the trial court did not err in denying defendant's motion for judgment on the pleadings based upon the statute of limitations and in granting plaintiffs' motion for partial summary judgment as to that defense.

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