Marvin Gatzemeyer, Marlene Gatzemeyer, and Henry Neuhaus v. Elmer Vogel

STEPHENSON, Circuit Judge.

In this diversity case plaintiffs Marvin and Marlene Gatzemeyer, husband and wife, and Henry Neuhaus appeal from the district court’s 1 grant of summary judgment in favor of defendant Elmer Vogel. The plaintiffs brought this action for damages caused by defendant’s alleged fraud and deceit in connection with an ill-fated real estate transaction. The district court in an unpublished opinion, Gatzemeyer v. Vogel, Civ.No. 76-418-1 (S.D. Iowa March 29, 1978), held that this action was barred by the branch of the doctrine of res judicata known in Iowa as claim preclusion.…