BLACKMAR, Judge, concurring. I concur. I question the statement in the principal opinion that “defenses of res judi-cata and issue preclusion are in essence defenses alleging the plaintiff has failed to state a claim upon which relief may be granted.” Res judicata and estoppel are specifically listed in Rule 55.08 as affirmative defenses which must be pleaded. These defenses, however, often can b…
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