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EMPLOYEES OWN FEDERAL CR. U. v. CITY OF DEFIANCE

No. 83-3740.

752 F.2d 243 (1985)

EMPLOYEES OWN FEDERAL CREDIT UNION, Plaintiff-Appellant, v. CITY OF DEFIANCE, OHIO; Gaylon Davis, in his official capacity as Defiance City Engineer; Robert Boehm, Charles J. Barber, Frederic J. Behringer, Earl Carroll, Earl Ferland, Delbert Hammon, Rita Kissner, Sally Myers, individually and as Defiance City Councilmen, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 17, 1985.

Rehearing Denied February 28, 1985.

Attorney(s) appearing for the Case

Michael C. Jones (argued), Patrick H. Young, Young, Bandy & Jones Co., L.P.A., Paulding, Ohio, for plaintiff-appellant.

John J. Burkhart (argued) Toledo, Ohio, for defendants-appellees.

Before MERRITT, WELLFORD and MILBURN, Circuit Judges.

MERRITT, Circuit Judge.

I.

In this 42 U.S.C. § 1983 action, the District Court held that since the identical claim raised in this suit was decided adversely to the plaintiff on the merits in a prior Ohio state court decision, the claim could not be relitigated in federal court under the doctrine of res judicata. We affirm rejecting plaintiff's contention that the prior state court decision is without res judicata...

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