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JEANNE PACE and DAN PACE, Plaintiffs-Appellants, v. TIMMERMANN'S RANCH AND SADDLE SHOP INC., et al., Defendants-Appellees., 795 F.3d 748


Summary

HOLDINGS: [1]-The district court erred by barring plaintiff's claims against individual defendants and her husband's claims for failing to join them when she brought her counterclaim in a prior action in which she was a defendant because her claims against parties other than the plaintiff in the prior action were not compulsory counterclaims, as Fed. R. Civ. P. 13 and 20, in combination, did not compel a litigant to join additional parties to bring what would otherwise be a compulsory counterclaim; [2]-The district court was correct to bar her subsequent abuse of process claim against the plaintiff in the prior action because her abuse of process claim was in existence when she filed her answer and counterclaim in the prior action.