KALE v. COMBINED INS. CO. OF AMERICA

No. 90-1697.

924 F.2d 1161 (1991)

Carl KALE, Plaintiff, Appellant, v. COMBINED INSURANCE COMPANY OF AMERICA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 25, 1991.

Rehearing and Rehearing Denied February 26, 1991.


Attorney(s) appearing for the Case

Philip R. Olenick, Boston, Mass., with whom Paul L. Nevins, Wellesley, Mass., was on brief, for plaintiff, appellant.

Kenneth M. Bello, with whom Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, Mass., was on brief, for defendant, appellee.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.


Rehearing and Rehearing En Banc Denied February 26, 1991.

SELYA, Circuit Judge.

This appeal presents an issue of first impression in this circuit. Believing, as we do, that a straightforward application of the hoary doctrine of res judicata is dispositive of the question raised, we affirm the district court's dismissal of plaintiff's civil action.

I. BACKGROUND

At all times material hereto, plaintiff-appellant Carl Kale has been a...

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