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ISRAEL v. CARPENTER

No. 1634, Docket 96-9480.

120 F.3d 361 (1997)

Donald M. ISRAEL; Mark R. Taylor, Plaintiffs-Appellants, v. Daniel E. CARPENTER; Benefit Concepts New York, Inc.; Voluntary Benefit Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 11, 1997.

Attorney(s) appearing for the Case

Jay D. Fischer, Fischer Weisinger Caliguire Porter & Pierce, New York City (Philip Pierce, of counsel), for Plaintiffs-Appellants.

Jack E. Robinson, Carpenter & Robinson, LLP, Stamford, CT, for Defendants-Appellees.

Before: MESKILL, JACOBS, and LEVAL, Circuit Judges.

JACOBS, Circuit Judge:

This appeal raises a question under Massachusetts law as to the scope and effect, for res judicata purposes, of a stipulation to dismiss "with prejudice" one of two lawsuits pending between the same parties based on essentially identical claims. Appellants Donald M. Israel and Mark R. Taylor (collectively "Israel") have asserted the same breach of contract claims against appellee Daniel E. Carpenter in three separate lawsuits, in two jurisdictions...

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