Utah Supreme Court April 10, 1980, 16100 (Mendenhall v. Kingston)

STEWART, Justice

(dissenting):

In my view the majority’s opinion misapplies the doctrine of res judicata. Indeed, there is a complete absence of a sufficient foundation for application of the doctrine of res judicata. In short, the majority puts the plaintiffs out of court without their having had an opportunity to have had their claims adjudicated.

The plaintiffs, Lavern L.