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BALTZ v. SECURITY BANK OF PARAGOULD

No. 81-30.

613 S.W.2d 833 (1981)

Bernard A. BALTZ and Margaret Baltz, his wife, Appellants, v. SECURITY BANK OF PARAGOULD, Paragould, Arkansas, Appellee.

Supreme Court of Arkansas.

April 13, 1981.

Attorney(s) appearing for the Case

King & King by Jim King, Pocahontas, for appellants.

C. Joseph Calvin, Rector, for appellee.

PURTLE, Justice.

This is an appeal from an order of the Greene County Circuit Court dismissing the complaint filed by appellants. The court dismissed the complaint on the grounds that the cause should have been joined in a chancery court action which was pending at the time the complaint was filed.

Appellants argue three grounds for reversal: (1) the court erred in allowing the defense of res judicata to be presented by a motion to dismiss; (2) the court erred...

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