FIRST CALL v. CAPITAL ANSWERING SVC., INC.

No. 95-121.

898 P.2d 96 (1995)

FIRST CALL, INC., Plaintiff/Respondent. v. CAPITAL ANSWERING SERVICE, INC., Defendant/Appellant.

Supreme Court of Montana.

Decided June 15, 1995.


Attorney(s) appearing for the Case

James T. Harrison, Jr., Harrison, Loendorf & Poston, Helena, for appellant.

R.J. Sewell, Jr., Bruce M. Spencer, Smith Law Firm, Helena, for respondent.


NELSON, Justice.

Capital Answering Service, Inc., (Capital Answering), appeals from an order of the First Judicial District Court, Lewis & Clark County, dismissing the complaint of First Call, Inc., (First Call) without prejudice. We reverse and remand for further proceedings consistent with this opinion.

The issue on appeal is whether a dismissal pursuant to Rule 41(e), M.R.Civ.P., should be with prejudice and, thus, accorded res judicata effect.

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