LAGNION v. STATE

No. 2002 CA 1853.

858 So.2d 524 (2003)

William LAGNION v. STATE of Louisiana, Phillip N. Asprodites, Todd Keating, Gary P. Ross and Richard Hudson.

Court of Appeal of Louisiana, First Circuit.

June 27, 2003.


Attorney(s) appearing for the Case

Ronald J. Gossen, Lafayette, Counsel for Plaintiff/Appellant William Lagnion.

Rose Polito Wooden, Baton Rouge, Counsel for Defendants/Appellees Phillip N. Asprodites, Todd Keating, Gary P. Ross and Richard Hudson.

Before: FOIL, McCLENDON, and KLINE, J.J.


McCLENDON, J.

The salient issue raised by this appeal is whether this state court action is barred by the doctrine of res judicata because, in prior federal litigation of the identical claims, the federal court dismissed the plaintiff's federal claims with prejudice and his state claims without prejudice. For the following reasons, we reverse the judgment of the trial court and remand the case.

On September 13, 2001...

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