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MEDEARIS v. MILLER

Civ. No. 9928.

306 N.W.2d 200 (1981)

Wayne B. MEDEARIS, Plaintiff and Appellant, v. Harley MILLER, Harvey Schilling, and Duane Traynor, Defendants, Third Party Plaintiffs and Appellees, v. Kenneth NELSON, individually and as agent for Main Realty; Boyd Township; and Burleigh County, Third Party Defendants and Appellees.

Supreme Court of North Dakota.

May 28, 1981.

Attorney(s) appearing for the Case

Rausch & Rausch, Bismarck, for plaintiff and appellant; argued by Richard P. Rausch, Bismarck.

Wheeler, Wolf, Peterson & McDonald, Bismarck, for defendants, third party plaintiffs and appellees; argued by David L. Peterson, Bismarck.

Gregory W. Tschider, Jr., Bismarck, for third party defendant and appellee Kenneth Nelson, individually and as agent for Main Realty; argued by Gregory W. Tschider, Jr., Bismarck.

John M. Olson, argued, State's Atty., Bismarck, for third party defendant and appellee Burleigh County.

Chapman & Chapman, Bismarck, for third party defendant and appellee Boyd Township; appearance by Daniel J. Chapman, Bismarck.

ERICKSTAD, Chief Justice.

This case involves a determination of whether or not the judgment in favor of Wayne B. Medearis in a prior action against Frank and Dorothy Glasser bars this action against Harley Miller, Harvey Schilling, and Duane Traynor (the developers). The trial court determined that it does and issued a summary judgment dismissing Medearis' action with prejudice. We affirm in part, reverse in part, and remand with instructions.

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