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PASTERCZYK v. FAIR

No. 86-1383.

819 F.2d 12 (1987)

Paul Peter PASTERCZYK, Plaintiff, Appellant, v. Michael V. FAIR, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 29, 1987.

Attorney(s) appearing for the Case

Stephen W. Silverman, Springfield, Mass., for plaintiff, appellant.

Veronica M. Madden, Dept. of Correction, with whom John W. Bishop, Jr., Sp. Asst. Atty. Gen., Boston, Mass., was on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge, and PIERAS, District Judge.

TORRUELLA, Circuit Judge.

Before us is an appeal from the district court's entry of summary judgment dismissing appellant's complaint under 42 U.S.C. § 1983 on the ground of res judicata (claim preclusion). The issue is whether a state court judgment favorable to appellant bars a subsequent federal civil rights action for damages against the same defendants and based on similar facts. We find that Massachusetts courts would give a claim preclusive effect to the...

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