TOPE v. CHRISTIANSON

Nos. S-7865, S-7925.

959 P.2d 1240 (1998)

Robert S. TOPE, Judith Tope, and Tope Equipment Company, Appellants, v. James H. CHRISTIANSON, as Successor in Interest to James W. Christianson, Appellee.

Supreme Court of Alaska.

June 5, 1998.


Attorney(s) appearing for the Case

Cabot Christianson and Gary Spraker, Bundy & Christianson, Anchorage, for Appellants.

John R. Beard, Anchorage, for Appellee.

Before MATTHEWS, C.J., and COMPTON, EASTAUGH and BRYNER, JJ.


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The superior court dismissed a claim by the present owners of real property to recover environmental remediation costs from the prior owners who allegedly contaminated the soil. Because this remediation claim was not preserved in the landowners' prior bankruptcy proceeding in which the predecessor owners were creditors, we hold that the doctrine of res judicata bars the landowners' claims...

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