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Duncan v. Campbell2/24/1997
the malpractice is not discovered. See Gebhardt, 510 N.W.2d at 903; Seevers, 537 N.W.2d at 511. Thus, analytically, our rules are the same as in Michigan and Nebraska.
Conclusion
{26} The district court's dismissal of Plaintiff's action is affirmed in all respects except for the dismissal of the deceit count against Defendant Miller to the extent that the deceit alleged is Miller's concealment of the requirement of filing notice of alibi and the resultant failure to investigate and present an alibi defense. In light of this Disposition, we need not consider Plaintiff's other issue.
{27} IT IS SO ORDERED.
LYNN PICKARD, Judge
WE CONCUR:
BENNY E. FLORES, Judge
MICHAEL D. BUSTAMANTE, Judge
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