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SPRATT v. MDU RESOURCES GROUP, INC.

No. 20100266.

797 N.W.2d 328 (2011)

2011 ND 94

Richard D. SPRATT, Plaintiff and Appellant v. MDU RESOURCES GROUP, INC., dba Montana-Dakota Utilities, Co., Defendant and Appellee.

Supreme Court of North Dakota.

May 18, 2011.

Attorney(s) appearing for the Case

Richard H. McGee, II (argued) and Katy Marie Schaefer (appeared), P.O. Box 998, Minot, N.D. 58702-0998, for plaintiff and appellant.

Rebecca S. Thiem (argued) and James S. Hill (appeared), P.O. Box 1695, Bismarck, N.D. 58502-1695, for defendant and appellee.

CROTHERS, Justice.

[¶ 1] Richard Spratt appealed from a district court summary judgment dismissing his age discrimination claim against MDU Resources Group, Inc. ("MDU"). We affirm, concluding Spratt cannot raise new legal theories on appeal and the district court did not err in determining Spratt had failed to raise a genuine issue of material fact that other employees not in the protected class were treated more favorably.

I

[¶ 2] In...

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