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NORTHERN NATURAL GAS CO. v. GROUNDS

Nos. 88-1895, 88-1994.

931 F.2d 678 (1991)

NORTHERN NATURAL GAS COMPANY, et al., Plaintiffs, v. Ralph GROUNDS, et al., Defendants. Malcolm MILLER, Movant-Appellant, v. FOULSTON, SIEFKIN, POWERS & EBERHARDT, Appellee.

United States Court of Appeals, Tenth Circuit.

As Amended June 3, 1991.

Attorney(s) appearing for the Case

Frederic Dorwart of Holliman, Langholz, Runnels & Dorwart, Tulsa, Okl. (James D. Bryant of the same firm and Mark G. Ayesh of Ayesh, Docking, Herd & Theis, Wichita, Kan., with him on the brief), for movant-appellant.

Gerald Sawatzky of Foulston & Siefkin, Wichita, Kan., for appellee.

LOGAN, ALDISERT and BARRETT, Circuit Judges.

ALDISERT, Circuit Judge.

Other issues are presented in this case, but central to our decision is the question whether the doctrine of res judicata effectively bars the federal claims of the appellant, Malcolm Miller, because of the Kansas Supreme Court decision in Miller v. Foulston, Siefkin, Powers & Eberhardt, 246 Kan. 450, 790 P.2d 404 (1990). For purposes of our disposition we shall...

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