Claud Allen Hogue, Cross-Appellee v. Royse City, Texas, Cross-Appellant

GARWOOD, Circuit Judge:

Plaintiff-appellant Claud Hogue (Hogue) appeals a final summary judgment, which was rendered in favor of defendant-appel-lee Royse City, Texas (the City) on the ground that Hogue’s federal claim constituted the same cause of action previously decided in state court and therefore was barred under the doctrine of res judicata. The City cross appeals, alleging that the district court erred in denying attorneys’ fees and costs to the City; alternatively, the City seeks damages for a frivolous appeal pursuant to Fed.R.App.P. 38. We affirm the judgment of the district court;…