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DESPAIN v. DESPAIN

No. 18402.

682 P.2d 849 (1984)

Joyce M. DESPAIN, Plaintiff and Appellant, v. Robert V. DESPAIN, individually and as general partner of R & D Investment Co.; and as general partner of Despain Investment Co.; R & D Investment Co., a limited partnership; and Despain Investment Co., a limited partnership, Defendants and Respondents.

Supreme Court of Utah.

May 1, 1984.

Attorney(s) appearing for the Case

J. Thomas Green, Bradley E. Morris, Salt Lake City, for plaintiff and appellant.

David S. Dolowitz, Salt Lake City, for defendants and respondents.

CHRISTOFFERSEN, District Judge:

Plaintiff appeals the district court's order dismissing her complaint with prejudice pursuant to the doctrine of res judicata. We reverse and remand for further proceedings.

We assume the plaintiff's allegations to be true in reviewing the dismissal of the complaint and liberally construe all reasonable inferences arising therefrom in determining whether a claim for relief has been stated. Heathman v. Hatch,

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