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SMITH v. AMERITECH

No. 99-74923.

130 F.Supp.2d 876 (2000)

Charles L. SMITH, Plaintiff, v. AMERITECH, Ameritech Benefit Plan Committee and Ameritech Employees' Benefit Committee, Defendants.

United States District Court, E.D. Michigan. Southern Division.

March 3, 2000.

Attorney(s) appearing for the Case

Alan B. Posner, Kelman, Loria, Detroit, MI, Richard G. Bogdanski, Conway & Mossner, John J. Conway, Conway & Mossner, Bloomfield Hills, MI, for Charles L. Smith, plaintiffs.

Lisa M. Bruno, Ameritech Legal Department, Albert Calille, Ameritech, Detroit, MI, for Ameritech, Ameritech Benefit Plan Committee, Ameritech Employees Benefit Committee, defendants.

OPINION & ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

EDMUNDS, District Judge.

This matter comes before the Court on Defendants' motion for summary judgment. Defendants argue that Plaintiff's complaint in this action is barred by the doctrine of res judicata. In Michigan, a second lawsuit is barred where (1) the prior action was decided on the merits; (2) the issues raised in the second case either were resolved in the first case, or could...

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