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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