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SANDERS v. GRAVEL PRODUCTS, INC.

No. 20080001.

755 N.W.2d 826 (2008)

2008 ND 161

Terry SANDERS, Plaintiff and Appellant, v. GRAVEL PRODUCTS, INC., Defendant and Appellee.

Supreme Court of North Dakota.

September 2, 2008.

Attorney(s) appearing for the Case

Mark V. Larson, Larson Law Firm, P.C., Minot, ND, for plaintiff and appellant.

Lawrence E. King, Zuger Kirmis & Smith, Bismarck, ND, for defendant and appellee.

MARING, Justice.

[¶ 1] Terry Sanders appeals from an amended judgment dismissing his breach of contract and Employee Retirement Income Security Act ("ERISA") claims against Gravel Products, Inc. We conclude the district court did not err in dismissing the breach of contract action. We further conclude, however, the district court erred in granting summary judgment dismissal of Sanders' ERISA claim because genuine issues...

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