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STEPHAN v. ROCKY MOUNTAIN CHOCOLATE FACTORY, INC.

Nos. 96-4171, 97-1798.

136 F.3d 1134 (1998)

Lawrence F. STEPHAN, a citizen of Illinois, and Patricia L. Stephan, a citizen of Illinois, Plaintiffs-Appellees, v. ROCKY MOUNTAIN CHOCOLATE FACTORY, INC., a Colorado corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

Mitchell Bryan (argued), Scott H. Reynolds, Levenfeld, Eisenberg, Janger, Glassberg & Samothy, Chicago, IL, for Plaintiffs-Appellees in No. 96-4171.

Mitchell Bryan (argued), Levenfeld, Eisenberg, Janger, Glassberg & Samothy, Chicago, IL, for Plaintiffs-Appellees in No. 97-1798.

George N. Vurdelja, Jr. (argued), Griswold L. Ware, Vurdelja & Heaphy, Chicago, IL, for Defendant-Appellant in No. 97-4171.

George N. Vurdelja, Jr. (argued), Vurdelja & Heaphy, Chicago, IL, for Defendant-Appellant in No. 97-1798.

Before CUDAHY, RIPPLE and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

The threshold issue in this appeal is whether a default judgment results in issue preclusion under Colorado law. In an opinion issued on November 10, 1997, we stayed this appeal and certified a question to the Colorado Supreme Court. That court refused the certification without additional comment. In this opinion, we wrestle with how the Colorado Supreme Court would have ruled if it had accepted certification, and conclude it would have found...

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