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PHILLIPS FUR AND WOOL CO. v. BAILEY

Civ. No. 10429.

340 N.W.2d 448 (1983)

PHILLIPS FUR AND WOOL COMPANY, Plaintiff and Appellant, v. Colin A. BAILEY and Bailey & Lies, P.C., Defendants and Appellees.

Supreme Court of North Dakota.

November 22, 1983.

Attorney(s) appearing for the Case

Dosland, Dosland & Nordhougen, Moorhead, Minn., for plaintiff and appellant; argued by Duane A. Lillehaug, Moorhead, Minn.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendants and appellees; argued by Mart R. Vogel, Fargo.

PEDERSON, Justice.

This appeal is from a summary judgment dismissing Phillips Fur and Wool Company's suit against Colin A. Bailey and Bailey and Lies, P.C. for legal malpractice on the ground that the suit is barred by the applicable statute of limitations (§ 28-01-18(3), NDCC). We conclude that there is a genuine issue of material fact as to when the cause of action accrued and, consequently, also as to when the period of limitation had run—making summary...

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