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IN RE GEORGE

BAP No. CC-04-1319-KPAB, Bankruptcy No. ND 94-12409 RR, Adversary No. ND 02-01228 RR.

318 B.R. 729 (2004)

In re James F. GEORGE III and Margie R. George, Debtors. James F. George III; Margie R. George, Appellants, v. City of Morro Bay, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed December 9, 2004.

Attorney(s) appearing for the Case

James F. George, III and Margie R. George, Atascadero, CA, Pro se Appellants.

Peter E. Cummings, Hunt & Associates, Paso Robles, CA, for City of Morro Bay.

Before: KLEIN, PAPPAS and BRANDT, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

This is an appeal from a judgment based on the res judicata doctrine of claim preclusion, which the court invoked to refuse to consider a new theory regarding a transaction that the parties previously had litigated to finality. Concluding that the General Rule of Bar and the General Rule Concerning Splitting, as stated in Restatement (Second) of Judgments §§ 19 and 24, combine to warrant imposition of claim...

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