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BUIS v. ELLIOTT

No. 2003-SC-0498-DG.

142 S.W.3d 137 (2004)

Gary BUIS, Appellant, v. Roger P. ELLIOTT and Sheila H. Elliott, Appellees.

Supreme Court of Kentucky.

August 26, 2004.

Attorney(s) appearing for the Case

David A. Nunery, David A. Nunery, PSC, Bryan Edward Bennett, Campbellsville, Counsel for Appellant.

Roger P. Elliott, Liberty, Counsel for Appellees.

Opinion of the Court by Justice STUMBO.

Appellant, Gary Buis, appeals the decision of the Court of Appeals, which affirmed the Casey Circuit Court's dismissal of his complaint against Roger and Sheila Elliott ("the Elliotts") on the grounds of res judicata. We accepted discretionary review and hereby reverse the Court of Appeals.

In 1994, the Elliotts entered into a land contract with Cox (not a party to this action...

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