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JOHN S. CLARK CO. v. FAGGERT & FRIEDEN, P.C.

No. 94-2255.

65 F.3d 26 (1995)

JOHN S. CLARK COMPANY, Plaintiff-Appellant, v. FAGGERT & FRIEDEN, P.C., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1995.

Attorney(s) appearing for the Case

ARGUED: Steven Scott Biss, Maloney, Yeatts & Barr, P.C., Richmond, VA, for appellant. Reeves Watkins Mahoney, Huff, Poole & Mahoney, P.C., Virginia Beach, VA, for appellee. ON BRIEF: Daniel A. Gecker, Maloney, Yeatts & Barr, P.C., Richmond, VA, for appellant. Timothy M. Richardson, Huff, Poole & Mahoney, P.C., Virginia Beach, VA, for appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, WILKINS, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Reversed and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Justice POWELL and Judge WILKINS joined.

OPINION

BUTZNER, Senior Circuit Judge:

John S. Clark Company appeals the judgment of the district court that dismissed its action on the ground of judicial estoppel. We believe that dismissal on this basis is improper when the facts alleged to have prompted a prior, inconsistent position are in dispute. We reverse...

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