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TOLSTRUP v. MILLER

No. S-1080.

726 P.2d 1304 (1986)

Vance TOLSTRUP, Appellant, v. Joan MILLER, Elizabeth J. Burkhart and Audrey Osborn, Appellees.

Supreme Court of Alaska.

October 24, 1986.

Attorney(s) appearing for the Case

Lawrence A. Pederson, Paul J. Nangle, Paul J. Nangle & Associates, Anchorage, for appellant.

Joel D. DiGangi, Law Offices of Joel D. DiGangi, Anchorage, for appellees.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

This case presents the question of whether a stipulation to dismiss with prejudice certain misrepresentation claims precludes a foreclosure on real property when the underlying claims arose from the same transaction. Superior Court Judge Joan M. Katz concluded that the doctrine of res judicata barred the instant nonjudicial foreclosure, and granted plaintiff's summary judgment motion. We affirm.

I. FACTUAL AND PROCEDURAL...

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