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MUHAMMED v. WELCH

No. 20030182.

675 N.W.2d 402 (2004)

2004 ND 46

Sefin MUHAMMED, Plaintiff and Appellant v. Ellen WELCH, Defendant and Appellee.

Supreme Court of North Dakota.

February 25, 2004.

Attorney(s) appearing for the Case

Duane A. Lillehaug (argued), and H. Patrick Weir, Jr. (on brief), Lee Hagen Law Office, Ltd., Fargo, N.D., for plaintiff and appellant.

Jacqueline Sue Anderson (argued), and William P. Harrie (on brief), Nilles, Hansen & Davies, Ltd., Fargo, N.D., for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Sefin Muhammed appealed from a summary judgment dismissing his personal injury action against Ellen Welch arising out of an automobile accident. We conclude the district court improperly granted summary judgment because Muhammed has raised a genuine issue of material fact whether the defendant is equitably estopped from raising the statute of limitations as a bar to the action. We reverse and remand for further proceedings.

I...

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