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SUPERIOR, INC. v. BEHLEN MFG. CO.

No. 20060308.

738 N.W.2d 19 (2007)

2007 ND 141

SUPERIOR, INC., Plaintiff and Appellant, v. BEHLEN MFG. CO., Defendant and Appellee.

Supreme Court of North Dakota.

August 24, 2007.

Attorney(s) appearing for the Case

Robert G. Manly, Vogel Law Firm, Moorhead, MN, for plaintiff and appellant.

Allen J. Flaten, Zimney Foster P.C., Grand Forks, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Superior, Inc. ("Superior") appealed from summary judgment dismissing its action against Behlen Manufacturing Co. ("Behlen"). Superior argues the district court erroneously concluded that its claim was time barred by the four-year statute of limitations governing contracts for the sale of goods. Superior also contends the district court erred when it failed to apply the doctrines of equitable estoppel and equitable tolling, and...

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