MINN-KOTA AG PRODUCTS, INC. v. CARLSON

No. 20030303.

684 N.W.2d 60 (2004)

2004 ND 145

MINN-KOTA AG PRODUCTS, INC., and Minn-Kota Ag Products, Inc. 401(K) Profit Sharing Plan, Plaintiffs and Appellants, v. Bruce H. CARLSON and McNair, Larson & Carlson, Ltd., Defendants and Appellees.

Supreme Court of North Dakota.

July 6, 2004.


Attorney(s) appearing for the Case

James P. Carey (argued) of Sieben, Grose, Von Holtum & Carey, Ltd., Minneapolis, MN, and Richard E.T. Smith and Jason R. Butts of Smith, Strege & Fredericksen, Wahpeton, N.D., for plaintiffs and appellants.

David S. Maring (argued) and Anthony J. Weiler of Maring Williams Law Office, Bismarck, N.D., for defendants and appellees.


NEUMANN, Justice.

[¶ 1] Minn-Kota Ag Products, Inc., and Minn-Kota Ag Products, Inc. 401(K) Profit Sharing Plan ("Minn-Kota") appeal from the district court's summary judgment in favor of Bruce H. Carlson and McNair, Larson & Carlson, Ltd. ("Carlson") dismissing Minn-Kota's legal malpractice action against Carlson. Because Minn-Kota had actual knowledge, as a matter of law, of Norwest's breach or violation of its fiduciary duty at least three years before...

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