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LUCAS v. PORTER

No. 20070169.

755 N.W.2d 88 (2008)

2008 ND 160

A. William LUCAS, Plaintiff and Appellant v. James E. PORTER, Shelly Porter, Leonard W. Becker, First State Bank of Wilton, First Wilton Bancshares, Ltd., Defendants and Appellees.

Supreme Court of North Dakota.

August 28, 2008.

Attorney(s) appearing for the Case

A. William Lucas, pro se, Bismarck, N.D., for plaintiff and appellant.

Richard P. Olson, Olson & Burns, P.C., Minot, N.D., for defendants and appellees James E. Porter, Shelly Porter, First State Bank of Wilton, and First Wilton Bancshares, Ltd.

Sheldon A. Smith, Smith Bakke Porsborg & Schweigert, Bismarck, N.D., for defendant and appellee Leonard W. Becker.

KAPSNER, Justice.

[¶ 1] A. William Lucas appeals from a judgment dismissing his action against James E. Porter, Shelly Porter, Leonard W. Becker, First Wilton Bancshares, Ltd., and First State Bank of Wilton. Lucas argues the district court erred in deciding this action constituted the improper splitting of a cause of action. We hold Lucas's prior action, Lucas I, and this action, Lucas II, arose out of the same facts and circumstances, and this...

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