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DIXON v. McKENZIE COUNTY GRAZING ASS'N

No. 20030005.

675 N.W.2d 414 (2004)

2004 ND 40

John DIXON, Plaintiff and Appellant v. McKENZIE COUNTY GRAZING ASSOCIATION, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied March 23, 2004.

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 defendant and appellee.

SANDSTROM, Justice.

[¶ 1] John Dixon appealed from a judgment dismissing his action against the McKenzie County Grazing Association ("MCGA") and awarding MCGA $2,500 in attorney's fees and $4,536.59 in costs. We hold Dixon's claim against MCGA for breach of a fiduciary duty is barred by the statute of limitations, the trial court did not err in finding MCGA acted properly in finding Dixon engaged in 1994 and 1997 unauthorized grazing uses, MCGA had authority...

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