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DIVERSIFIED FOODS, INC. v. FIRST NAT. BANK OF BOSTON

No. 92-1164.

985 F.2d 27 (1993)

DIVERSIFIED FOODS, INC., et al., Plaintiffs-Appellants, v. The FIRST NATIONAL BANK OF BOSTON, et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided February 8, 1993.

Attorney(s) appearing for the Case

Richard E. Poulos with whom John S. Campbell, Poulos, Campbell & Zendzian, P.A., Daniel G. Lilley and John A. McArdle, Portland, ME, were on brief, for plaintiffs-appellants.

William J. Kayatta, Jr., with whom Peter W. Culley, Catherine R. Connors and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, ME, were on brief, for defendants-appellees.

Before TORRUELLA and BOUDIN, Circuit Judges, and KEETON, District Judge.

BOUDIN, Circuit Judge.

In this case the district court dismissed a suit brought under the Bank Holding Company Act, 12 U.S.C. § 1972, on the ground that it was barred by res judicata. The prior litigation, held to bar the new federal action, was a state-court suit brought by the same plaintiffs against the same defendants and decided in favor of the latter. The disappointed plaintiffs now appeal, urging on several grounds that res judicata does...

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