Alsup v. Spratt

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This case is presently before the court on motions for partial summary judgment of the plaintiffs, George Alsup, Katheryn Alsup and Coetta Morris. Jurisdiction is predicated upon 28 U.S.C. § 1332; therefore, the substantive law of Indiana is to be applied. The plaintiffs allege that the doctrine of res judicata applies and that they are entitled to judgments on issues that have been decided in the Marshall Circuit Court. Defendant argues that a lack of identity of parties and mutuality of estoppel bars the use of collateral estoppel under the…