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MORRIS v. ROWALLAN ALASKA, INC.

No. S-11325.

121 P.3d 159 (2005)

Claude H. MORRIS, Jr., Appellant, v. ROWALLAN ALASKA, INC., Rowallan Mine Partnership, Gold Hill Mining Co., Annette R. McDonald, and Ascension LLC, Appellees.

Supreme Court of Alaska.

September 30, 2005.

Attorney(s) appearing for the Case

Joan Travostino, Preston Gates & Ellis, LLP, Anchorage, for Appellant.

Carl J.D. Bauman, Hughes Thorsness Powell Huddleston & Bauman, LLC, Anchorage, for Appellee Annette McDonald.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Did the superior court err in granting defendant McDonald summary judgment after two co-defendants filed for bankruptcy protection? Morris, the plaintiff below, contends that the automatic stay triggered by the bankruptcy filings should have also stayed the action against the non-debtor defendant McDonald. Because there is an insufficient identity of interest between McDonald and the debtor defendants...

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