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ANSWERING SERVICE, INC. v. EGAN

Nos. 82-1726, 82-1793.

728 F.2d 1500 (1984)

ANSWERING SERVICE, INC., Appellant, v. Thomas J. EGAN, Executor of the Estate of Paul J. Rohrich, Deceased, Appellee. ANSWERING SERVICE, INC., Appellee, v. Thomas J. EGAN, Executor of the Estate of Paul J. Rohrich, Deceased, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Kenneth Wells Parkinson, Washington, D.C., with whom James R. Michal, Washington, D.C., was on brief, for appellant.

William E. Fay, III, Washington, D.C., for appellee.

Before MIKVA, EDWARDS, and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

Concurring opinion filed by Circuit Judge SCALIA.

MIKVA, Circuit Judge:

The issue in this diversity action is whether appellant is barred by res judicata from bringing a claim for wrongful involvement in litigation against a defendant from which appellant previously sought, and was denied, indemnification. We hold that state law would require the two actions to be brought in separate suits and that...

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