American Soil Processing Inc. v. Iowa Comprehensive Petroleum Underground Storage Tank Fund Board

This is an appeal by C. E. Fouser and Iris M. Fouser (defendants, cross-claimants and third-party plaintiffs in the action below) from an involuntary dismissal pursuant to rule 41(b) of the Idaho Rules of Civil Procedure of their action against Leon Paige, cross-defendant-respondent, a part of the judgment issued by Hon. Robert B. Dunlap, district Judge retired, in a consolidated action on February 27, 1978.[Footnote 1] Prior to the consideration of this appeal respondent Paige moved to dismiss it on the basis that Fousers, in taking a default judgment against Mrs. Booth, had elected their remedy and could not also proceed against Paige.