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SATTLER v. BAILEY

No. 19249.

400 S.E.2d 220 (1990)

William SATTLER v. Ralph BAILEY, in His Former Capacity as a Member of the West Virginia Department of Public Safety, a Governmental Agency of the State of West Virginia, and Ralph Bailey, Individually; West Virginia Department of Public Safety, a Governmental Agency of the State of West Virginia; John W. O'Rourke, in His Official Capacity as Former Superintendent of the West Virginia Department of Public Safety; Fred W. Donahoe, in His Official Capacity as Superintendent of the West Virginia Department of Public Safety and Successor in Office of John W. O'Rourke, Former Superintendent of the West Virginia Department of Public Safety.

Supreme Court of Appeals of West Virginia.

November 30, 1990.

Attorney(s) appearing for the Case

Ernest V. Morton, Jr., Morton & Morton, Webster Springs, Michael C. Farber, Sutton, for William Sattler.

Daniel Schuda, Steptoe & Johnson, Charleston, for Ralph Bailey et al.

McHUGH, Justice:

The appellant, William Sattler, brought this appeal of a final order of the Circuit Court of Kanawha County, West Virginia, granting the appellees' motion to dismiss on the ground that a judgment in a federal civil action involving the same parties was res judicata for purposes of this state civil action.1 We conclude that the federal court's ruling was not res judicata...

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