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The clipping this text was read from
The clipping this text was read from

By JANE BANGLEY

Rappahannock New* Staff Writer

Diane and Roger Kidwell responded on November 27 to a lawsuit filed against them by Patricia Saltonstall of Points of View Farm by filing a a demurrer, and made a further response to a wrongful death suit also brought by Saltonstall by filing a plea of res judicata.

The plea of res judicata is a motion for dismissal of the wrongful death suit based on the contention that the subject matter of the suit has been decided before and that decision is binding on the court. The demurrer is a denial that the allegations of the suit listing damages to Saltonstall, even if true, ' would legally constitute a cause for action.

In the plea of res judicata, the Kidwells referred to the court decision on October 21, 1983 when Diane Kidwell was found not guilty of murder by reason of self defense as the previous binding action. That case involved the shooting death of Ranee Spellman, foreman of Points of View Farm, on November 9, 1982 during a right-ofway dispute.

The Kidwells had previously filed a demurrer in response to the wrongful death suit brought by Saltonstall who asked on behalf of the estate of Spellman for $750,000 in damages.

In the other suit, Saltonstall listed

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