Northern Natural Gas Company v. Ralph Grounds, Malcolm Miller, Movant-Appellant v. Foulston, Siefkin, Powers & Eberhardt

ALDISERT, Circuit Judge.

Other issues are presented in this case, but central to our decision is the question whether the doctrine of res judicata effectively bars the federal claims of the appellant, Malcolm Miller, because of the Kansas Supreme Court decision in Miller v. Foulston, Siefkin, Powers & Eberhardt, 246 Kan. 450, 790 P.2d 404 (1990). For purposes of our disposition we shall assume proper jurisdiction here and in the district court and hold that the bar applies: The Kansas state court judgment precludes federal court consideration of Miller’s claims.

I

Malcolm Miller was a partner in…