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KUEHN v. GARCIA

No. 78-1475.

608 F.2d 1143 (1979)

Julianne KUEHN, f/k/a Julianne Irene Keller, Appellee, v. David GARCIA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1979.

Rehearing Denied December 18, 1979.

Attorney(s) appearing for the Case

David Garcia, Devils Lake, N. D., for appellant.

Gary R. Thune, Shaft, McConn, Fisher & Thune, Grand Forks, N. D., for appellee.

Before GIBSON, Chief Judge, HENLEY, Circuit Judge, and HANSON, Senior District Judge.

GIBSON, Chief Judge.

David Garcia appeals from an order of the District Court1 granting Julianne Kuehn's motion for summary judgment on the issue of liability in a legal malpractice action brought by Kuehn against Garcia. The District Court held that the judgment of the North Dakota Supreme Court in a prior disciplinary proceeding against Garcia rendered the issue of Garcia's tort liability to Kuehn res judicata, and that Garcia was therefore...

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