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HEBRON PUBLIC SCHOOL DIST. NO. 13 v. U.S. GYPSUM

Civ. No. 900415.

475 N.W.2d 120 (1991)

HEBRON PUBLIC SCHOOL DISTRICT NO. 13 OF MORTON COUNTY, State of North Dakota, Appellee, v. UNITED STATES GYPSUM COMPANY, Appellant.

Supreme Court of North Dakota.

September 17, 1991.

Attorney(s) appearing for the Case

Daniel A. Speights, of Speights & Runyan, Hampton, S.C., Steven C. Lian (appearance), of Farhart, Lian, Maxson, Howard, Sorensen & Louser, Minot, and Jon M. Arntson (appearance), of Arntson & Stewart, Fargo, for appellee.

Thomas B. Kenworthy, of Morgan, Lewis & Bockius, Philadelphia, Pa., and Wickham Corwin (appearance), of Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., Fargo, for appellant.

VANDE WALLE, Justice.

This case comes to us on certified questions of law from the United States Court of Appeals for the Eighth Circuit pursuant to Rule 47, N.D.R.App.P.

The Court of Appeals certified the following questions of law:

"(1) Whether, for purposes of N.D.Cent.Code § 28-01-16(1) (Cum.Supp. 1989), a cause of action, or claim for relief, does not accrue until the aggrieved party discovers the facts which constitute the basis for its...

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