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MURPHY v. GALLAGHER

No. 560, Docket 84-7479.

761 F.2d 878 (1985)

Edward H. MURPHY and Joan M. Murphy, individually and derivatively on behalf of shareholders similarly situated, Plaintiffs-Appellants, v. Peter C. GALLAGHER, Michael J. Gallagher, James Murphy, John Murphy, William Smith, George Catallo, Regina Adams, Maureen Gibbons, Nannette Meyers, Helen Rogers, Mary Alice Bissel, Valerie Coyle, John Gallagher, Gerrard Gallagher, United States Dredging Corporation, Neptune Line, Inc., Gallagher Brothers Sand and Gravel Corporation, Rockville Scows, Inc., Rodermond Industries, Inc., Hampton Scows, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 7, 1985.

Attorney(s) appearing for the Case

Michael C. Devine, New York City (Kieffer & Hahn, New York City, of counsel), for plaintiffs-appellants.

James M. Hazen, New York City (McHugh, Leonard & O'Conor, New York City, of counsel), for defendants-appellees.

Wendell Davis, Jr., New York City (Emmet, Marvin & Martin, New York City, of counsel), for Corporate defendants-appellees.

Before MESKILL, KEARSE and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge.

The crux of this appeal involves an analysis of res judicata. Broadly, res judicata means that a matter once judicially decided is finally decided. Like a river with more than one branch, res judicata embraces two concepts: issue preclusion and claim preclusion. Issue preclusion refers to the preclusive effect of a judgment that prevents a party from litigating a second time an issue of fact or law that has once been decided. Issue preclusion...

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