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KULCZYK v. TIOGA READY MIX CO.

No. 20160330.

902 N.W.2d 485 (2017)

2017 ND 218

William KULCZYK and Rhonda Kulczyk, Plaintiffs and Appellants v. TIOGA READY MIX CO., Scott Financial Corporation, Triple Aggregate, LLC, and all persons unknown, claiming any estate or interest in, or lien or encumbrance upon, the real estate described in the complaint, Defendants and Tioga Ready Mix Co., Appellee.

Supreme Court of North Dakota.

Filed September 1, 2017.

Attorney(s) appearing for the Case

Monte L. Rogneby (argued) and Briana L. Hildebrand (appeared), Bismarck, ND, for plaintiffs and appellants.

Tyler J. Malm (argued) and David J. Smith (on brief), Bismarck, ND, for appellee.

[¶ 1] William and Rhonda Kulczyk appealed a district court judgment dismissing their complaint seeking to foreclose a mortgage against Tioga Ready Mix Co. The court held res judicata barred the Kulczyks' foreclosure action on the basis of previous litigation between the parties. We reverse and remand, concluding res...

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