Stipsky v. Non-Commissioned Officers Ass'n of America

ORDER

HENRY WOODS, District Judge.

Pending before the Court is the defendants’ motion for summary judgment. Defendants assert res judicata relying on a previous summary judgment ruling by the Pulaski County Chancery Court in an injunction action brought by the plaintiffs seeking reinstatement as members of NCOA.

Res judicata is an affirmative defense, Fed.R.Civ.P. 8(c), and the burden of proof is upon the party asserting it. Bryson v. Guarantee Reserve Life Ins. Co., 520 F.2d 563, 566 (8th Cir.1975); May v. Edwards, 258 Ark. 871, 529 S.W.2d 647, 650 (1975); *726Hurst v. Hurst, 255 Ark. 936, 504…