First National Supermarkets, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Harper, Judge.

Plaintiff-appellant, First National Supermarkets, Inc., appeals from the granting of summary judgment in favor of defendant-appellant, Merrill Lynch, Pierce, Fenner & Smith, Inc., by the Court of Common Pleas of Cuyahoga County. Appellant asserts that genuine issues of fact remain for litigation and that, therefore, the trial court erred in its ruling that the doctrine of res judicata barred its claims for declaratory judgment, indemnity and fraud. A careful review of the record compels affirmance.

I. The Merger

On August 12, 1985, First National Supermarkets, Inc. (“First…