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SHEETS v. GRACO, INC.

Civ. No. 9706.

292 N.W.2d 63 (1980)

Leona SHEETS, Plaintiff and Appellant, v. GRACO, INC., a Minnesota Corporation; Farmers Union Central Exchange, a Minnesota cooperative association; and Farmers Union Oil Company of Powers Lake, North Dakota, a North Dakota cooperative association, Defendants and Appellees.

Supreme Court of North Dakota.

April 21, 1980.

Attorney(s) appearing for the Case

Letnes, Marshall & Fiedler, Grand Forks, for plaintiff and appellant; argued by F. John Marshall, Grand Forks.

McGee, Hankla, Backes & Wheeler, Minot, for defendant and appellee, Graco, Inc., a Minnesota corporation; argued by Orlin W. Backes, Minot.

Bjella, Neff, Rathert & Wahl, Williston, for defendant and appellee, Farmers Union Central Exchange, a Minnesota cooperative association; argued by Paul W. Jacobson, Williston.

Pringle & Herigstad, Minot, for defendant and appellee, Farmers Union Oil Company of Powers Lake, North Dakota, a North Dakota cooperative association; argued by Mitchell Mahoney, Minot.

Mart R. Vogel of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, amicus curiae in support of plaintiff and appellant.

ERICKSTAD, Chief Justice.

This is an appeal from a summary judgment granted in favor of the defendants on the ground the plaintiff's claim is barred by the statute of limitations. We affirm.

A wrongful death action was brought by the plaintiff, Leona Sheets, the surviving wife of the late Harold T. Sheets. The incident which resulted in Harold's death occurred on August 2, 1975, while he was spray painting a farm building near Stanley, North Dakota. While...

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