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STIPSKY v. NON-COMMISSIONED OFFICERS ASS'N

No. LR-C-85-266.

624 F.Supp. 725 (1985)

Raymond F. STIPSKY, James C. Carrar, and Gordon Loiselle, Plaintiffs, v. NON-COMMISSIONED OFFICERS ASSOCIATION OF AMERICA (NCOA), Ammest Life Insurance Company, Academy Life Insurance Company, and Five Star Affiliate, Inc., Defendants.

United States District Court, E.D. Arkansas, W.D.

October 9, 1985.

Attorney(s) appearing for the Case

Lesly Mattingly, Jacksonville, Ark., for plaintiffs.

Edwin L. Lowther, Jr., Wright, Lindsey & Jennings, Little Rock, Ark., for defendants.

ORDER

HENRY WOODS, District Judge.

Pending before the Court is the defendants' motion for summary judgment. Defendants assert res judicata relying on a previous summary judgment ruling by the Pulaski County Chancery Court in an injunction action brought by the plaintiffs seeking reinstatement as members of NCOA.

Res judicata is an affirmative defense, Fed.R.Civ.P. 8(c), and the burden of proof is upon the party asserting it. Bryson v. Guarantee...

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