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JOSEPH MFG. CO., INC. v. OLYMPIC FIRE CORP.

No. 92-3074.

986 F.2d 416 (1993)

JOSEPH MANUFACTURING COMPANY, INC., and Safeco Insurance Company of America, Plaintiffs-Appellants, v. OLYMPIC FIRE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 30, 1993.

Attorney(s) appearing for the Case

Richard T. Merker (Thomas D. Billam with him, on the briefs) of Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, for plaintiffs-appellants.

Donald Patterson of Fisher, Patterson, Sayler & Smith, Topeka, KS, for defendant-appellee.

Before SEYMOUR, MOORE, and ANDERSON, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Joseph Manufacturing Company, Inc., and Safeco Insurance Company of America, plaintiffs, appeal the dismissal of their claims for breach of contract, breach of implied warranty, and negligence on the ground their federal action was barred by the res judicata effect of a state court judgment. Joseph Mfg. Co. v. Olympic Fire Corp., 781 F.Supp. 718 (D.Kan.1991). Joseph and Safeco contend the district...

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