WATKINS v. M. & M. TANK LINES, INC.

No. 82-1048.

694 F.2d 309 (1982)

Robert George WATKINS, Appellee, v. M. & M. TANK LINES, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1982.

Rehearing Denied December 28, 1982.


Attorney(s) appearing for the Case

Raymond S. Baumil, Charleston, S.C. (Solomon, Kahn, Smith & Baumil, Charleston, S.C., on brief), for appellant.

J. Robert Peters, Jr., Ridgeland, S.C. (Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., Ridgeland, S.C., on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, and SPROUSE and CHAPMAN, Circuit Judges.


CHAPMAN, Circuit Judge:

The appellant asks this court to reverse the order of the district court holding that the doctrine of offensive collateral estoppel prevented appellant from raising a defense as to liability in a personal injury action because the issue of liability had been decided against the appellant in a previously tried loss of consortium action brought by appellee's wife in state court. We grant the appellant's request and remand this case to the district...

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