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SUCCESS MOTIVATION INST. OF JAPAN v. S.M.I.

No. 91-8446.

966 F.2d 1007 (1992)

SUCCESS MOTIVATION INSTITUTE OF JAPAN LTD., et al., Plaintiffs-Appellants, v. SUCCESS MOTIVATION INSTITUTE INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 14, 1992.

Attorney(s) appearing for the Case

Jack N. Price, Price & Williams, Austin, Tex., Dan F. Henderson, Professor, University of Washington, Seattle, Wash., Tom L. Ragland, Ragland, Mangrum, Young & Swanton, Waco, Tex., and Alan Neigher, Byelas & Neigher, Westport, Conn., for Success Motivation Institute of Japan, Ltd., et al.

Gary E. Smith, Steven F. Bright, and Jeffrey M. Stark, Graham, Bright & Smith, Dallas, Tex., for Success Motivation Institute Inc., et al.

Before WISDOM, REYNALDO G. GARZA, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Plaintiffs-appellants Success Motivation Institute of Japan, Ltd. (SMIJ) and Iris Lombardi, et al. (Lombardi) sued Success Motivation Institute, Inc., et al. (SMI) on several grounds arising out of a purported sale of stock from Lombardi to SMI. The district court granted the defendant's motion for summary judgment based on res judicata of a Japanese judgment. Finding the district court erred in applying the res judicata

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