McGUIRE v. LEAR

CV-R-83-265-ECR.

602 F.Supp. 1385 (1985)

John Patrick McGUIRE, Plaintiff, v. Moya Olsen LEAR, Individually and as executrix of the Estate of William Powell Lear; the Estate of William Powell Lear; Earl M. Hill, individually and as a partner in the firm of Hill, Cassas, Delipkau & Irwin; Frank Cassas, individually and as a partner in the firm of Hill, Cassas, Delipkau & Irwin; Hill, Cassas, Delipkau & Irwin, a law firm; Milton Weilenman, individually and as a trustee of the Estate of William Powell Lear; Stewart Title Company of Nevada, a title company doing business in the State of Nevada; and Does 1 through 20, inclusive, Defendants.

United States District Court, D. Nevada.

February 25, 1985.


Attorney(s) appearing for the Case

John Patrick McGuire, in pro. per.

Thomas R.C. Wilson, Reno, Nev., for all defendants except Milton Weilenman and Stewart Title.

Steve Lane, Reno, Nev., for Stewart Title.


MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., District Judge.

Both sides presented matters outside the pleading in connection with the defendants' motion to dismiss. The Court elected to treat the motion as one for summary judgment, and provided an opportunity for the parties to submit any additional materials made pertinent by Fed.R.Civ.P. 56.

The defendants contend that the doctrine of res judicata bars the instant action, because the issues...

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