GUDENAU & CO., INC. v. SWEENEY INS., INC.

No. S-1347.

736 P.2d 763 (1987)

GUDENAU & CO., INC., Appellant, v. SWEENEY INSURANCE, INC., Appellee.

Supreme Court of Alaska.

May 8, 1987.


Attorney(s) appearing for the Case

Peter W. Giannini, Law Offices of Giannini & Associates, Anchorage, for appellant.

Gary A. Zipkin and Debra J. Brandwein, Guess & Rudd, Anchorage, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.


OPINION

MATTHEWS, Justice.

On a motion for summary judgment the superior court dismissed appellant Gudenau & Company's (Gudenau) counterclaim, ruling that it was barred by the statute of limitations. Because Gudenau raised significant questions of fact concerning appellee's ability to invoke the statute of limitations defense, we reverse the dismissal of Gudenau's counterclaim and remand the case for trial.

I.

Summary judgment is appropriate...

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