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TAYLOR v. METROPOLITAN LIFE INS. CO.

Civ. No. 20028.

55 F.Supp. 402 (1943)

TAYLOR v. METROPOLITAN LIFE INS. CO.

District Court, N. D. Ohio, E. D.

March 24, 1943.

Attorney(s) appearing for the Case

Marvin Harrison (of Harrison & Marshman), of Cleveland, Ohio, for plaintiff.

Parker Fulton and Robert M. Weh (of Burgess, Fulton, & Fulmer), both of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

It seems to this court that the judgment of the Court of Appeals of Cuyahoga County works a collateral estoppel against the plaintiff in this case. True, as plaintiff points out, the issues involved in that case were not identical with the issues in this case; but one of the issues in that case, i. e., disability, is definitely involved in this case; and the finding and judgment of the Court of Appeals in that case would be at variance with...

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