Dodge v. Carri-Craft, Inc., Div. of Wis. Tanktainer, Inc.

OPINION AND ORDER

REYNOLDS, District Judge.

This is a motion for summary judgment, the only issue being the res judicata effect of a prior state action which was dismissed for failure to replead after a demurrer to the initial complaint was sustained. Jurisdiction of this court is grounded on Title 28 U.S.C. § 1332 — diversity of citizenship.

On July 17, 1969, plaintiff commenced an action in the Green Lake County Court of Wisconsin against the defendant alleging a royalty contract and demanding payment in accordance with that agreement. Defendant demurred to that complaint on the grounds that…