Robert P. McCarney and Elizabeth H. McCarney v. Ford Motor Company

STEPHENSON, Circuit Judge.

Appellants attempt to overcome a summary judgment granted by the district court 1 on the grounds of res judicata and collateral estoppel. They contend that this action is not precluded by earlier litigation between the same parties. The case presents the difficult but narrow issue of whether a dismissal for lack of standing to invoke a particular statute can act as a bar to a later suit based upon the same factual allegations. We reverse the district court and remand for further proceedings.

I. FACTUAL BACKGROUND

This case arises out of a controversy concerning a…