KENNEDY, J., delivered the opinion of the court, in which COLE, J., joined. CONTIE, J. (pp. 952-53), delivered a separate concurring opinion.
KENNEDY, Circuit Judge.
Plaintiff, Donald R. Birgel, appeals from the District Court's order granting summary judgment to defendant, Board of Commissioners of Butler County, Ohio, in this diversity action for breach of contract. For the reasons set forth below, we conclude that plaintiff is precluded from relitigating...
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