WHITESIDE, J.
Plaintiff, William K. Maxey, appeals from a judgment of the Franklin County Court of Common Pleas granting summary of judgment to defendants and raises two assignments of error, as follows:
"1. The trial court erred by sustaining defendants' second motion for summary judgment in that identical issues of law and fact were raised in defendant's first motion for summary judgment, thereby ignoring collateral estoppel as to the second motion.
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