CLAIM OF MORIARITY

No. 94-145.

899 P.2d 879 (1995)

In the Matter of the Claim of William J. MORIARITY, and W.J.M., Inc. William J. MORIARITY, and W.J.M. Inc., Appellant, v. STATE of Wyoming, ex rel. the Honorable John P. McBRIDE, Insurance Commissioner, Appellee (Petitioner), v. OLD FAITHFUL LIFE INSURANCE COMPANY, Appellee (Respondent).

Supreme Court of Wyoming.

July 26, 1995.


Attorney(s) appearing for the Case

Charles E. Graves of Graves & Villemez, P.C., Cheyenne, Timothy C. Kingston, Cheyenne, for appellant.

William M. McKellar and Peter Michael of Boley & McKellar, P.C., Cheyenne, for appellee McBride.

Brent R. Cohen, Andrea Richard, Franklin D. O'Loughlin, and Joel A. Glover of Rothgerber, Appel, Powers & Johnson, Cheyenne, for appellee Wyoming Life and Health Ins. Guar. Ass'n.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.


THOMAS, Justice.

The issue asserted in this case is whether res judicata or the doctrine of collateral estoppel prevents William J. Moriarity and W.J.M., Inc. (Moriarity) from asserting a secured claim in the receivership of Old Faithful Life Insurance Company. In an Order Granting Receiver's Motion to Clarify Judgment, which addressed an earlier order denying the motion of the Receiver to reject a contract between...

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