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HARBIN v. H.E.W.S., INC.

No. 1895, September Term, 1982.

56 Md. App. 72 (1983)

466 A.2d 879

EARL M. HARBIN T/A ERL-JAC'S v. H.E.W.S., INC. ET AL.

Court of Special Appeals of Maryland.

October 17, 1983.

Attorney(s) appearing for the Case

George E. Meng, Upper Marlboro, for appellant.

Samuel C. Steelman, Jr., Hyattsville, with whom were Nylen & Gilmore, Hyattsville, on the brief, for appellees.

Argued before WILNER, GARRITY and ALPERT, JJ.

ALPERT, Judge.

This appeal involves principles of res judicata, relaxation of its "identity of parties" rule, and their interplay with third-party practice. Applying the doctrine of res judicata along with Maryland Rule 315 d 3,1 we hold that the appellant's failure to assert his claims against the appellees when two of the three were impleaded as third-party defendants in a previous but similar cause of action bars him from litigating...

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