Stanley McDonald Norman R. Hagfors and Clayton Jensen v. Johnson & Johnson

LAY, Chief Judge.

Johnson & Johnson brings this interlocutory appeal under 28 U.S.C.A. § 1292(b) (West Supp.1985), challenging the district court’s ruling that the payment and satisfaction of a judgment in a breach of contract action does not bar an action for fraud in the inducement of the contract arising under the same operative facts. In an earlier opinion, McDonald v. Johnson & Johnson, 722 F.2d 1370 (8th Cir.1983), as modified by 722 F.2d 1388, cert. denied, - U.S. -, 105 S.Ct. 219, 83 L.Ed.2d 149 (1984), we sustained damages received by plaintiffs for breach of contract ($5.7 million)…