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WITKOWSKI v. WELCH

No. 98-1213.

173 F.3d 192 (1999)

Joseph A. WITKOWSKI, M.D.; Grace Witkowski; Joseph A. Witkowski, M.D., P.C. Defined Benefit Pension Plan; Joseph A. Witkowski, M.D., Trustee, Appellants, v. Robert G. WELCH; Robert G. Welch, P.C.; Intrepid One Services, Inc.; Historical Second Street Development Associates; Robert G. Welch, General Partner; Robert G. Welch, Trustee; Ronald J. Srein, Mortgagee.

United States Court of Appeals, Third Circuit.

Decided April 12, 1999.

Attorney(s) appearing for the Case

Richard K. Doty (Argued), Philadelphia, PA, for Appellants.

James L. Griffith (Argued), Klett, Lieber, Rooney & Schorling, Philadelphia, PA, for Appellee.

Before: SLOVITER and COWEN, Circuit Judges and RODRIGUEZ, District Judge.

OPINION OF THE COURT

RODRIGUEZ, District Judge.

I.

At issue in this case is whether the doctrine of collateral estoppel applies to bar a claim of fraudulent conveyance and fraud alleged against a transferee of real property, where an arbitrator awarded damages for breach of fiduciary duty and fraud against the transferor of that property, but seemingly dismissed all other claims against the transferor, including the claim that he fraudulently conveyed...

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