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NIPPER v. SNIPES

No. 92-1371.

7 F.3d 415 (1993)

Paul W. NIPPER, Jr.; R. Bruce Ford, individually, and as a Beneficiary of the Profit Sharing Plan and Pension Plan of Psychiatric Associates, P.A.; Jeffrey R. Mellom; M. P. Norungolo, Plaintiffs-Appellees, v. John T. "Ted" SNIPES, Defendant-Appellant, and Diane K. Snipes; Financial Services Advisory, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 21, 1993.

Attorney(s) appearing for the Case

Larry Dean Estridge, Wyche, Burgess, Freeman & Parham, P.A., Greenville, SC, argued for defendants-appellants.

John Patrick Freeman, Columbia, SC, argued (James R. Gilreath, Greenville, SC, on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, and WIDENER and NIEMEYER, Circuit Judges.

OPINION

WIDENER, Circuit Judge:

This case presents the question of whether judicial findings of fact entered in state court in a different case involving some of the same parties were properly admitted into evidence by the district court. Because we are of opinion that the district court abused its discretion in admitting the evidence, we vacate the judgment of the district court and remand for a new trial.

I.

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