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TARNAVSKY v. McKENZIE COUNTY GRAZING ASS'N

No. 20020311.

665 N.W.2d 18 (2003)

2003 ND 117

Ed TARNAVSKY, Plaintiff and Appellant, v. McKENZIE COUNTY GRAZING ASSOCIATION, Keith Winter, Jim Kuykendall, Dale Greenwood, Kelly Indergard, Frederick K. James, Ron Whited, Alvin Nelson, Monty Carson, Lynn Dewhirst, Jason Leiseth, Jim Gudmunson, Bob Cross, Paul Wisness, Doug Rolfsrud, David Nelson, and Merle Jost, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied August 20, 2003.

Attorney(s) appearing for the Case

Charles L. Chapman, Chapman and Chapman, Bismarck, N.D., for plaintiff and appellant.

Dennis Edward Johnson, Johnson & Sundeen, Watford City, N.D., for defendants and appellees.

KAPSNER, Justice.

[¶ 1] Ed Tarnavsky appeals from a summary judgment dismissing his action against the McKenzie County Grazing Association ("MCGA"). We hold Ed Tarnavsky's action is barred by the statute of limitations, and we affirm.

I

[¶ 2] The MCGA is a cooperative grazing association under N.D.C.C. ch. 36-08, which began operations in 1937 to lease grasslands from the federal government and to issue grazing permits to its members. During...

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