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WILKIE v. SCHWAN'S SALES ENTERPRISES, INC.

No. K 82-12.

541 F.Supp. 1193 (1982)

Ralph WILKIE, Plaintiff, v. SCHWAN'S SALES ENTERPRISES, INC., a foreign corporation, Defendant.

United States District Court, W. D. Michigan.

June 11, 1982.

Attorney(s) appearing for the Case

Michael C. Bingen, Kalamazoo, Mich., for plaintiff.

Paul Taglia, St. Joseph, Mich., for defendant.

OPINION

ENSLEN, District Judge.

This case requires the Court to determine whether a dismissal for no progress under Michigan law constitutes an adjudication on the merits so that the doctrine of res judicata bars the subsequent reinstitution of an action thus dismissed.

On January 18, 1982, Plaintiff, Ralph Wilkie, filed suit in this Court against Defendant, Schwan's Sales, alleging that Defendant breached Plaintiff's employment contract by...

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