Argued September 13, 1977, before Department No. 1.
Re-argued September 11, 1978, before the court in banc.
LENT, Justice.
This is an action at law (Clackamas County Circuit Court Case No. 94099, hereinafter called the "second case") filed October 24, 1975, for damages for alleged common law fraud. The trial court held for defendant upon a plea of res judicata. We affirm the judgment.
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