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INDEPENDENT ORDER OF FORESTERS v. CHAUVIN

No. 2005-SC-000193-MR.

175 S.W.3d 610 (2005)

THE INDEPENDENT ORDER OF FORESTERS, Appellant, v. Hon. McKay CHAUVIN, Judge, Jefferson Circuit Court, Appellee. and Forest Richard Pope, Real Party in Interest.

Supreme Court of Kentucky.

October 20, 2005.

Attorney(s) appearing for the Case

Joseph L. Hamilton, Marjorie Farris, Allison E. Jones, Stites & Harbison, Louisville, Counsel for Appellant.

McKay Chauvin, Judge, Louisville, pro se.

Kenneth H. Baker, Louisville, Counsel for Real Party In Interest.

Opinion of the Court by Justice ROACH.

In an original action in the Court of Appeals, Appellant, the Independent Order of Foresters ("Foresters"), sought a writ of prohibition against the circuit court on the grounds that Forest Richard Pope's claims were barred by res judicata. The Court of Appeals denied the petition, finding that Foresters had failed to carry its burden of proof. On appeal, Foresters repeats its claim that Pope's cause of action is barred...

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