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WASOFF v. AMERICAN AUTOMOBILE INSURANCE CO.

No. 71-1894 Summary Calendar.

451 F.2d 767 (1971)

Harry K. WASOFF, Plaintiff-Appellant, v. AMERICAN AUTOMOBILE INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 16, 1971.

Attorney(s) appearing for the Case

Robert A. Fanning, Harlan Harper, Jr., Fanning & Harper, Dallas, Tex., for plaintiff-appellant.

Franklin H. Perry, Larry L. Gollaher, Dallas, Tex., for defendant-appellee; Thompson, Coe, Cousins, Irons & Porter, Dallas, Tex., of counsel.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

This appeal is from an order of the district court which dismissed appellant Harry K. Wasoff's complaint against the appellee, American Automobile Insurance Company (American), on the ground that the matters complained of were res judicata. The court concluded that the same issues had been decided previously by the same court in an action between the same parties which resulted in a dismissal of the complaint

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