DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152814P.pdf 08/05/2016 John Finstad v. Beresford Bancorporation, Inc.
U.S. Court of Appeals Case No: 15-2814
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Colloton, Author, with Smith, Circuit Judge and Gritzner,
District Judge]
Civil Case - diversity. District court's properly dismissed action for
breach of contract, conversion, interference with contract and tort
against Beresford Bancorporation based on doctrine of claim preclusion
under North Dakota law, as prior state court action was a decision on the
merits, involved the same parties, and the federal claims could have been
raised in the state court action. The district court also properly granted
summary judgment to the Gords based on issue preclusion, as the state
court decision was on the merits and the state court decided that the
Finstads did not have an interest in the property and thus could not
relitigate that issue in federal court.