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HORNE v. WOOLEVER

No. 35921.

170 Ohio St. 178 (1959)

HORNE, APPELLANT, v. WOOLEVER, APPELLEE.

Supreme Court of Ohio.

Decided December 16, 1959.

Attorney(s) appearing for the Case

Messrs. Marshall, Melhorn, Bloch & Belt and Mr. Wilbur C. Jacobs, for appellant.

Messrs. Ritter, Boesel & Holden, for appellee.

TAFT, J.

The principal question to be decided is whether, as the trial court held, the judgment of dismissal "with prejudice" in the federal court barred as res adjudicata the cause of action set forth in plaintiff's petition.1

The holding of the trial court, that was affirmed by the Court of Appeals, was based upon the conclusion that the judgment of dismissal by the federal...

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