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COHEN v. LUPO

No. 90-1422.

927 F.2d 363 (1991)

Irving COHEN, Appellant, v. David G. LUPO; James A. Stemmler; Lupo & Stemmler; Jack D. Bastien; Arthur F. O'Hare; Jane S. Tschudy; Thomas W. Yager; Ronald B. Burt; Arla E. Reed; Michael J. Kickham; E. Louis Werner, Jr., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 28, 1991.

Attorney(s) appearing for the Case

George Kucik, Washington, D.C., for appellant.

Jordan Cherrick and Joseph Rubin, St. Louis, Mo., for appellees.

Before BOWMAN and WOLLMAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

WOLLMAN, Circuit Judge.

Irving Cohen appeals the district court's dismissal of Cohen's malicious prosecution complaint on the basis of res judicata. We reverse.

I.

Eight clients of the law firm Lupo & Stemmler (collectively, Lupo & Stemmler) unsuccessfully sued Cohen and more than thirty other defendants on unmeritorious allegations of securities fraud in Bastien v. R. Rowland & Co., 631 F.Supp. 1554

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