CONNELLY v. BALKWILL

Civ. A. in Equity No. 31717.

174 F.Supp. 49 (1959)

Lawrence E. CONNELLY, Trustee of the Estate of George C. Lucas, deceased, Ralph Restow and Irma Taylor, Co-Guardians of the Estate of Jessie Albracht, Frank L. Taylor, Trustee of the Trust created by Beatrice B. Fishley, deceased, Ann McConnell, Stephen Ward Balkwill, Plaintiffs, v. George W. BALKWILL, Gen Corporation, Pettibone-Mulliken Corporation, Cleveland Frog and Crossing Co., William V. Brooks, Defendants.

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

April 8, 1959.


Attorney(s) appearing for the Case

Spieth, Spring & Bell, Cleveland, Ohio, for plaintiffs.

Charles D. Johnson, of Baker, Hostetler & Patterson, Cleveland, Ohio, Cummings & Wyman, Chicago, Ill., for defendants.


McNAMEE, District Judge.

Defendants' motion for summary judgment is based upon the contention that this action is barred upon one or more of the following grounds: (1) the statute of limitations; (2) res judicata; and (3) collateral estoppel.

As indicated by the second and third grounds of the motion, this is the second action growing out of the same transaction. The first action was commenced in the Common Pleas Court of Lake County, Ohio, in November 1950...

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