Legal Opinion

Donald R. Birgel v. Board of Commissioners of Butler County, Ohio

Court of Appeals for the Sixth Circuit

Decided September 16, 1997No. 96-3895PublishedCited by 24 opinions

1Opinion of the CourtKennedy, J., joined by Cole, J.,

CONTIE, J. (pp. 952-53), delivered a separate concurring opinion.

KENNEDY, Circuit Judge.

Plaintiff, Donald R. Birgel, appeals from the District Court’s order granting summary judgment to defendant, Board of Commissioners of Butler County, Ohio, in this diversity action for breach of contract. For the reasons set forth below, we conclude that plaintiff is precluded from relitigating in federal court the issues previously decided by a state court. The judgment of the District Court is, therefore, AFFIRMED.

I

In early 1991, the Board of Commissioners of Butler County (“Board”) adopted a plan to…

2Cases cited8 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. Canderm Pharmacal, Ltd. v. Elder Pharmaceuticals, Inc.Court of Appeals for the Sixth Circuit · 1988
  4. Stoner v. New York Life InsuranceSupreme Court of the United States · 1941
  5. William G. Brooks v. American Broadcasting Companies, Inc. Geraldo Rivera Charles C. Thompson and Maravilla Productions Company, Inc.Court of Appeals for the Sixth Circuit · 1991

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3Cited by24 opinions

  1. Binay v. BettendorfCourt of Appeals for the Sixth Circuit · 2010
  2. Guest v. LeisCourt of Appeals for the Sixth Circuit · 2001
  3. Smith v. YarrowCourt of Appeals for the Sixth Circuit · 2003
  4. Clyde N. Griffith v. Wal-Mart Stores, Inc.Court of Appeals for the Sixth Circuit · 1998
  5. David Rutlin v. Prime Succession, Inc. Kerley & Starks Funeral Homes, Inc., Jointly and SeverallyCourt of Appeals for the Sixth Circuit · 2000

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