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BRASELTON v. CLEARFIELD STATE BANK

No. 78-1007.

606 F.2d 285 (1979)

Sherma G. BRASELTON, aka Sherma G. Dausses, Plaintiff-Appellant, v. CLEARFIELD STATE BANK and Russell F. Braselton, Defendants-Appellees. CLEARFIELD STATE BANK, Third Party Plaintiff, v. Jerry K. MALAN and Berniece Malan, Third Party Defendants.

United States Court of Appeals, Tenth Circuit.

Decided September 25, 1979.

Rehearing Denied October 29, 1979.

Attorney(s) appearing for the Case

John R. Weber of Weber & Drake, Sacramento, Cal., for plaintiff-appellant.

Raymond W. Gee of Kirton, McConkie, Boyer & Boyle, Salt Lake City, Utah, for defendant-appellee Clearfield State Bank.

Peter Toft Combs, Reno, Nev., for defendant-appellee Braselton.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This appeal primarily involves the res judicata effect on appellant's federal district court complaint of a prior California state court divorce decree.

In 1959 appellee Russell Braselton entered into an escrow agreement and uniform real estate contract relating to the sale of real property located in Ogden, Utah. Appellee Clearfield State Bank was the escrow agent under the escrow agreement. In February of 1963, Braselton and appellant...

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