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State Minnesota v. Charles Ray Wilson

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eBook details

  • Title: State Minnesota v. Charles Ray Wilson
  • Author : Supreme Court of Minnesota
  • Release Date : January 27, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

Appellant asserts that the district court erred by applying section 3-307 of the Uniform Commercial Code (UCC) (Minn. Stat. Γ‚§ 336.3-307 (2004)) and its three-year limitation period (Minn. Stat. Γ‚§ 336.3-118(g) (2004)) to her claim rather than section 8 of the Uniform Fiduciary Act (UFA) (Minn. Stat. Γ‚§ 520.08 (2004)) and the general Minnesota six-year statute of limitations (Minn. Stat. Γ‚§ 541.05 (2004)), and by rejecting her common law claims. Further, appellant argues that the district court abused its discretion by considering respondents summary judgment motion and statute of limitations defense. Because appellant had adequate notice and opportunity to respond to the statute of limitations claim in the summary judgment proceeding, and because the UCC applies to appellants claim and preempts her common law claims, the limitation period in the UCC applies. We affirm.


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