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BAUSCHER GRAIN v. NATIONAL SURETY CORPORATION

No. 10083.

440 P.2d 349 (1968)

92 Idaho 229

BAUSCHER GRAIN, a partnership composed of Don Bauscher and Lloyd F. Barron, Plaintiff-Appellant, v. NATIONAL SURETY CORPORATION and H.B. Gillingham, Jr., dba B & G Supply, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied May 15, 1968.

Attorney(s) appearing for the Case

W. Bruce Bowler, Boise, for appellant.

Moffatt, Thomas, Barrett & Blanton, Boise, for respondent National Surety Corp., Walter E. Curnutt, Emmett, for respondent H.B. Gillingham, Jr.

McFADDEN, Justice.

This appeal is from a summary judgment granted pursuant to respondents' motion dismissing the action. The basis of respondents' motion for summary judgment was that the present action was res judicata by reason of the dismissal of a prior action.

Bauscher Grain, a partnership consisting of Don Bauscher and Lloyd F. Barron, is the plaintiff in the instant action. Prior to the filing of the present action, Don Bauscher, one of the members...

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