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HILDEBRAND v. DART INDUSTRIES, INC.

No. 78-1852.

640 F.2d 289 (1981)

Betty R. HILDEBRAND and Floyd Hildebrand, Plaintiffs-Appellants, v. DART INDUSTRIES, INC., and Vanda Beauty Counselor, a Subsidiary or Division of Dart Industries, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 10, 1981.

Attorney(s) appearing for the Case

Stephen Jones, Enid, Okl., for plaintiffs-appellants.

Donald H. Lees and Steven M. Ditto of Bay, Hamilton, Lees, Spears & Verity, Oklahoma City, Okl., for defendants-appellees.

Before SETH, Chief Judge, and McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Betty R. and Floyd Hildebrand appeal from a district court order granting summary judgment in favor of defendants Dart Industries, Inc., and its division, Vanda Beauty Counselor (Vanda). The central issue on appeal is whether the court properly ruled that res judicata or estoppel barred the Hildebrands' suit.

The Hildebrands filed a complaint against defendants in federal district court for the Western District of Oklahoma on June 3,...

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