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CLEMMER v. ROWAN WATER, INC.

No. 2007-CA-000355-MR.

277 S.W.3d 633 (2009)

Edwin L. CLEMMER; and Mary A. Clemmer, Appellants, v. ROWAN WATER, INC., Appellee.

Court of Appeals of Kentucky.

January 23, 2009.

Attorney(s) appearing for the Case

Oran S. McFarlan, III, Katherine K. Yunker, Lexington, KY, for Appellants.

John J. Ellis, Morehead, KY, for Appellee.

Before COMBS, Chief Judge; STUMBO, Judge; GUIDUGLI, Senior Judge.

OPINION

GUIDUGLI, Senior Judge.

The issue in this case is whether a federal court order dismissing the Clemmers' complaint for lack of jurisdiction precludes relitigation of the same claims in state court by virtue of res judicata. We find that it does not and reverse.

The Clemmers filed suit against Rowan Water in federal district court seeking damages for trespass, nuisance, and fraud. The federal court issued a memorandum, opinion, and...

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