dissenting:
I disagree with the majority’s conclusion that Rothmans’ causes of action against Liggett accrued when the interim injunction was issued on March 11, 1977. In my view, the alleged breach of contract, fraudulent misrepresentation, and violation of North Carolina’s unfair trade practice statute by Liggett could not have been found to exist until such time as it was finally determined that Liggett did not have a marketable “Eve” trademark. Because such a determination did not occur until December 20, 1978, I do not believe that Rothmans’ claims accrued until that date. I would, therefore, hold that Rothmans’ action, filed on November 17,1981, was not barred by the applicable three and four year statutes of limitations. Accordingly, I would reverse the district court’s order granting summary judgment to Liggett and remand the case for trial on the merits.