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IN RE OTASCO, INC.

No. 93-5206.

18 F.3d 841 (1994)

In re OTASCO, INC., Debtor. OTASCO, INC., a Nevada corporation, Appellee, v. The MOHAWK RUBBER COMPANY, an Ohio corporation, Appellant, v. AMERITRUST COMPANY NATIONAL ASSOCIATION, a national bank, Appellee.

United States Court of Appeals, Tenth Circuit.

March 1, 1994.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Frederic Dorwart of Holliman, Langholz, Runnels & Dorwart, Tulsa, Oklahoma, for Appellant, Mohawk Rubber Company.

Sam G. Bratton II and Leonard Pataki of Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, Oklahoma, for Appellee, Otasco, Inc.

Gary H. Baker and Barbara J. Eden of Baker & Hoster, Tulsa, Oklahoma, Attorneys for Appellee, Society National Bank (formerly Ameritrust Company National Association).

Before MOORE, ANDERSON, and KELLY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The Mohawk Rubber Company appeals the district court's decision that an earlier bankruptcy court judgment against Mohawk precludes relitigation of the same issues in this case. Mohawk claims that collateral estoppel does not apply here because the first case was dismissed on appeal for mootness and thus the issues were never reviewed. We agree with the district court that Mohawk may not relitigate the issues decided by the bankruptcy...

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