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BAZATA v. NATIONAL INS. CO. OF WASHINGTON

No. 13284.

400 A.2d 313 (1979)

Diana BAZATA, Appellant, v. NATIONAL INSURANCE COMPANY OF WASHINGTON et al., Appellees.

District of Columbia Court of Appeals.

Decided March 22, 1979.

Attorney(s) appearing for the Case

Samuel Intrater, Washington, D. C., with whom Albert Brick, Washington, D. C., was on the brief, for appellant.

Richard W. Galiher, Washington, D. C., for appellees.

Before NEWMAN, Chief Judge, and KELLY and HARRIS, Associate Judges.

NEWMAN, Chief Judge:

Appellant seeks reversal of the trial court's ruling that her shareholder's derivative suit was barred under the principles of res judicata. She contends that the trial court erred in holding that the prior dismissal of her action for failure to make a demand on the board of directors was an adjudication on the merits since that prior dismissal fell within the "lack of jurisdiction" exception of Super.Ct.Civ.R. 41(b).1...

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