ROGOSKI v. CITY OF MUSKEGON

No. 76-1812.

550 F.2d 1075 (1977)

Loretta E. ROGOSKI, Plaintiff-Appellant, v. CITY OF MUSKEGON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 7, 1977.

Rehearing Denied April 7, 1977.


Attorney(s) appearing for the Case

Alexis J. Rogoski, R. Bunker Rogoski, Muskegon, Mich., for plaintiff-appellant.

Thomas J. O'Toole, Muskegon, Mich., for defendant-appellee.

Before PHILLIPS, Chief Judge, and PECK and LIVELY, Circuit Judges.


PER CURIAM.

This appeal presents the question of whether a final judgment by a Michigan State court in an eminent domain proceeding is res judicata as applied to a federal court action undertaking to recover additional compensation for the taking of the same property. District Judge Wendell A. Miles held that the federal court suit was barred by the doctrine of res judicata and dismissed the action on the pleadings. The property owner appeals. The case was submitted...

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