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McCARNEY v. FORD MOTOR CO.

No. 80-1555.

657 F.2d 230 (1981)

Robert P. McCARNEY and Elizabeth H. McCarney, Appellants, v. FORD MOTOR COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 27, 1981.

Rehearing and Rehearing Denied September 22, 1981.

Attorney(s) appearing for the Case

George M. Coburn, argued, Wayne H. Hoecker, John J. Yates, Kay M. Bushman, Gage, Tucker & Vom Baur, Washington, D.C., Gage & Tucker, Kansas City, Mo., Orell D. Schmitz, Schlosser & Schmitz, Bismarck, N.D., for appellants.

Peter Dorsey, argued, Dorsey, Windhorst, Hannaford, Whitney & Halladay, Henry Halladay, Edward J. Pluimer, Marianne E. Durkin, Minneapolis, Minn., Pearce, Anderson, Thames & Durick, Harry J. Pearce, Bismarck, N.D., for appellee Ford Motor Co.; William A. Zolbert, Dearborn, Mich., of counsel.

Before HEANEY, STEPHENSON and McMILLIAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 22, 1981.

STEPHENSON, Circuit Judge.

Appellants attempt to overcome a summary judgment granted by the district court1 on the grounds of res judicata and collateral estoppel. They contend that this action is not precluded by earlier litigation between the same parties. The case presents the difficult but narrow issue of whether a dismissal for lack of standing to invoke a particular...

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