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HERNANDEZ v. CITY OF LAFAYETTE

No. 82-3350. Summary Calendar.

699 F.2d 734 (1983)

James E. HERNANDEZ, Plaintiff-Appellant, v. CITY OF LAFAYETTE and Kenneth J. Bowen, Mayor, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 7, 1983.

Attorney(s) appearing for the Case

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara, John G. Torian, II, Michael G. Durand, Lafayette, La., for plaintiff-appellant.

Ross, Hardies, O'Keefe, Babcock & Parsons, Charles L. Siemon, Wendy U. Larsen, Chicago, Ill., for defendants-appellees.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Hernandez, a Lafayette, Louisiana landowner contesting a zoning decision of that city, appeals from a district court judgment which granted the city's motion for summary judgment. Hernandez claims that the district court erred by improperly applying federal rather than state law principles of res judicata and by using res judicata where the factual circumstances have changed since the prior state court judgment was rendered. While Hernandez's first assertion...

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