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DUKES v. SOUTH CAROLINA INS. CO.

No. 84-4676.

770 F.2d 545 (1985)

Gary DUKES and Thomas E. Barber, d/b/a D & B Dozer Service, Plaintiffs-Appellants, v. SOUTH CAROLINA INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 13, 1985.

Attorney(s) appearing for the Case

Cothren & Pittman, Robert G. Germany, Joseph E. Roberts, Jr., Jackson, Miss., for plaintiffs-appellants.

Heidelberg, Woodliff & Franks, David W. Dogan, III, Jackson, Miss., for defendant-appellee.

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

CLARK, Chief Judge:

Gary Dukes and Thomas Barber appeal the district court's summary judgment in favor of South Carolina Insurance Company. Dukes and Barber contend that a state court judgment was res judicata on South Carolina's summary judgment motion. They also contend that a genuine issue of material fact remained, making summary judgment inappropriate. Rejecting both contentions, we affirm.

Uncontested Facts

Dukes and Barber, doing business...

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