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DUNCKLEE v. WILLS

Civil No. 950254.

542 N.W.2d 739 (1996)

Terri Leigh DUNCKLEE, f/k/a Terri Mack, Plaintiff and Appellant v. Karen K. WILLS individually and as a member of the firm of Kuchera, Stenehjem, and Wills, and the law firm of Kuchera, Stenehjem, Kuchera, and Wills, Defendants and Appellees.

Supreme Court of North Dakota.

January 30, 1996.

Attorney(s) appearing for the Case

Henry H. Howe (argued), of Howe & Seaworth, Grand Forks, for plaintiff and appellant. Appearance by Mary Seaworth.

Lyle W. Kirmis (argued), of Zuger Kirmis & Smith, Bismarck, for defendants and appellees.

LEVINE, Justice.

Terri Duncklee appeals from a summary judgment dismissing her legal malpractice action against attorney Karen Wills. We hold that Duncklee's response to the motion for summary judgment was timely under Rule 3.2, of the North Dakota Rules of Court and that she raised a material fact issue making summary judgment under Rule 56, N.D.R.Civ.P., inappropriate. The trial court erred in dismissing Duncklee's action...

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