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IN RE BRAEN

No. 89-5185.

900 F.2d 621 (1990)

In re Samuel BRAEN, Jr., Debtor. Nicholas LAGANELLA and PT & L Construction Co., Inc., Appellants, v. Samuel BRAEN, Jr.

United States Court of Appeals, Third Circuit.

Decided March 30, 1990.

Rehearing and Rehearing Denied April 27, 1990.

Attorney(s) appearing for the Case

Herbert C. Klein (argued), Mary Ann Walker Collins, Klein, Chapman, Greenburg, Henkoff & Siegel, Clifton, N.J., for appellants.

H. Curtis Meanor (argued), Thomas S. Doerr, Podvey, Sachs, Meanor & Catenacci, Newark, N.J., for appellee.

Before HIGGINBOTHAM, Chief Judge, and STAPLETON and SCIRICA, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 27, 1990.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this appeal, we review the district court's holding that a state court malicious prosecution judgment awarded against the debtor, Samuel Braen, Jr., did not collaterally estop consideration of whether Braen had been willful and malicious within the meaning of § 523(a)(6) of the Bankruptcy Code 94 B.R. 35. We...

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