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NEW AMSTERDAM CASUALTY COMPANY v. WALLER

No. C-190-D-59.

196 F.Supp. 780 (1961)

NEW AMSTERDAM CASUALTY COMPANY, Plaintiff, v. Gladys N. WALLER, Defendant.

United States District Court M. D. North Carolina, Durham Division.

August 17, 1961.

Attorney(s) appearing for the Case

Smith, Leach, Anderson & Dorsett, Raleigh, N. C., and Bryant, Lipton, Strayhorn & Bryant, Durham, N. C., for plaintiff.

Charles B. Nye, Durham, N. C., for defendant.

EDWIN M. STANLEY, Chief Judge.

The plaintiff, New Amsterdam Casualty Company, a New York corporation, seeks by this action to have the defendant, Gladys N. Waller, a resident of Durham County, North Carolina, declared a constructive trustee with respect to certain real property which she owns, to the extent funds belonging to her husband, C. P. Waller, were used to acquire the property. Among other defenses, the defendant pleads the three-year statute of limitation...

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