Evans Cabinet Corp. v. Kitchen International, Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
RIPPLE, Circuit Judge.
Evans Cabinet Corporation (“Evans”) instituted this diversity action in the United States District Court for the District of Massachusetts against Kitchen International, Inc. for breach of contract and quantum meruit. 1 Kitchen International filed a motion to dismiss based on res judicata. It claimed that the action was foreclosed because of an earlier judgment entered by the Superior Court of Québec. After a hearing on the motion to dismiss, the district court determined that the arguments went beyond the pleadings. After allowing limited discovery and converting the…
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