PEPPER v. BANKERS LIFE AND CASUALTY COMPANY

No. 19481.

414 F.2d 356 (1969)

J. H. PEPPER, Appellant, v. BANKERS LIFE AND CASUALTY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

August 6, 1969.


Attorney(s) appearing for the Case

Bernard Whetstone, Little Rock, Ark., for appellant.

Dennis L. Shackleford, of Shackleford & Shackleford, El Dorado, Ark., for appellee.

Before VAN OOSTERHOUT, Chief Judge, and MEHAFFY and GIBSON, Circuit Judges.


VAN OOSTERHOUT, Chief Judge.

This is a timely appeal from final judgment dismissing plaintiff Pepper's complaint upon motion of defendant, Bankers Life and Casualty Company, upon the ground of res judicata. Jurisdiction based upon diversity of citizenship is established.

The Trial Court held that the cause of action in the present case is the same cause of action finally adjudicated adversely to Pepper in a prior action brought in the same Court by the same...

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