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ARMSTRONG v. MILLER

No. 8817.

200 N.W.2d 282 (1972)

Betty M. ARMSTRONG, Plaintiff and Respondent, v. Harold A. MILLER and Melvin J. Mickelson, Defendants and Appellants.

Supreme Court of North Dakota.

August 31, 1972.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel & Peterson, Fargo, and Dosland, Dosland, Nordhougen & Mickelberg, Moorhead, Minn., for appellant Harold A. Miller.

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for appellant Melvin J. Mickelson.

Tenneson, Serkland, Lundberg & Erickson, Fargo, for respondent.

KNUDSON, Judge.

This is an appeal from summary judgments in favor of Betty M. Armstrong against the defendants Harold A. Miller and Melvin J. Mickelson on the issue of liability only. From these judgments the defendants appeal and raise the question whether the doctrine of collateral estoppel or res judicata entitles the plaintiff in this lawsuit to summary judgment regarding the liability of the defendants on the basis of the jury's verdict in a prior lawsuit.

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