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AMERICAN INS. v. MIDWEST MOTOR EXPRESS

Civil No. 950411.

554 N.W.2d 182 (1996)

The AMERICAN INSURANCE COMPANY, a corporation, Plaintiff, Appellee, and Cross-Appellant, v. MIDWEST MOTOR EXPRESS, INC., Defendant, Appellant, and Cross-Appellee.

Supreme Court of North Dakota.

October 1, 1996.

Attorney(s) appearing for the Case

R. Richard Maixner (argued), and Orell D. Schmitz (appearance), of Schmitz, Moench & Schmidt, Bismarck, for plaintiff, appellee, and cross-appellant.

Randall J. Bakke (argued), of Smith Bakke Hovland & Oppegard, Bismarck, for defendant, appellant, and cross-appellee.

MARING, Justice.

Midwest Motor Express, Inc. [Midwest] appeals from a memorandum decision dismissing its counterclaim against the American Insurance Company [American] for excess retrospective premiums it allegedly paid American because, the trial court found, the counterclaim was barred by the statute of limitations, and from a later memorandum decision denying Midwest's post-trial motion. American cross-appeals from the memorandum decision dismissing its complaint...

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