DAN RYAN BUILDERS, INC. v. CRYSTAL RIDGE

Nos. 16-0401, 16-0402.

803 S.E.2d 519 (2017)

DAN RYAN BUILDERS, INC., Third-Party Plaintiff Below, Petitioner, v. CRYSTAL RIDGE DEVELOPMENT, INC., Lang Brothers, Inc., And Robert S. Lang, Third-Party Defendants Below, Respondents. and Dan Ryan Builders, Inc., Third-Party Plaintiff Below, Petitioner, v. Horner Brothers Engineers, Third-Party Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 8, 2017.


Attorney(s) appearing for the Case

Avrum Levicoff, Esq. , Julie A. Brennan, Esq. , The Levicoff Law Firm, P.C., Pittsburgh, Pennsylvania, Counsel for the Petitioner

Tiffany R. Durst, Esq. , Nathaniel D. Griffith, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Morgantown, West Virginia, Counsel for Respondents Crystal Ridge Development, Inc.; Lang Brothers, Inc.; and Robert S. Lang

Frank E. Simmerman, Jr., Esq. , Chad L. Taylor, Esq. , Frank E. Simmerman, III, Esq. , Simmerman Law Office, PLLC, Clarksburg, West Virginia, Counsel for Respondent Horner Brothers Engineers


In these consolidated appeals from the Circuit Court of Harrison County, we examine the res judicata effect of a federal court judgment on a state court third-party complaint. The circuit court found that the federal court case involved the same parties as those in the third-party complaint; the third-party complaint was...

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