ZIONS FIRST NAT. BANK v. WORLD OF FITNESS

No. 48478.

280 N.W.2d 22 (1979)

ZIONS FIRST NATIONAL BANK, a National Banking Association located in Salt Lake City, Utah, Appellant, v. WORLD OF FITNESS, INC., Defendant, Leonard Rice, a.k.a. D. L. Rice, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 16, 1979.


Attorney(s) appearing for the Case

Faegre & Benson, Rex H. Kitts, and Wright W. Brooks, Minneapolis, for appellant.

Ernest R. Kutzik, St. Paul, and Richard D. Weiblen, Minneapolis, for Leonard Rice.

Heard before PETERSON, YETKA, and STONE, JJ., and considered and decided by the court en banc.


PETERSON, Justice.

This matter is before the court on appeal from an order of the Hennepin County District Court vacating a default judgment entered against defendant, D. Leonard Rice, in December 1974 on the ground that personal jurisdiction was lacking. Because defendant already fully and fairly litigated the issue of jurisdiction in 1974, we hold that the judgment entered against him is res judicata on that issue and is therefore not subject to attack on a Rule...

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