[DOWNLOAD] "Stevenhagen v. Boltz" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Stevenhagen v. Boltz
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 14, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

BEFORE: KRUPANSKY and WELLFORD, concurs, Circuit Judges; and JOINER, Senior District Judge* Per Curiam. The plaintiff-appellant, William C. Stevenhagen (Stevenhagen), has appealed the decision of the district court granting summary judgment in favor of defendant-appellee, Stanley I. Boltz (Boltz) in this diversity action, charging that Boltz had breached his contract with Stevenhagen to provide certain ""sever tap-ins"" to 14 tracts of land partially owned by Stevenhagen. The district court determined that there did not exist any genuine issues of material fact, and, accordingly, granted summary judgment against Stevenhagen. A review of Stevenhagen's assignments of error, the briefs of the parties, the record in its entirety and the arguments of counsel demonstrated that the district court properly concluded that Stevenhagen's instant action was barred by the doctrine of res judicata. Stevenhagen had previously filed a lawsuit, which was identical to the case at bar, in the state court of Ohio. That case was fully adjudicated upon the merits of Stevenhagen's claim. The Ohio State Court of Appeals for the Ninth Circuit affirmed the lower court's determination, and thereafter, the Ohio Supreme Court denied Stevenhagen's petition for review. Consequently, Stevenhagen's instant action in federal court was precluded by res judicata as a result of the prior state court proceeding which had fully adjudicated Stevenhagen's claim.

PDF Books "Stevenhagen v. Boltz" Online ePub Kindle