SHOUP v. BELL & HOWELL CO.

No. 88-1041.

872 F.2d 1178 (1989)

Mary SHOUP; Larry R. Shoup, Sr., Plaintiffs-Appellees, v. BELL & HOWELL COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 26, 1989.


Attorney(s) appearing for the Case

Clement Dumont Erhardt, III (John J. Boyd, Jr., Smith, Somerville & Case, on brief) for defendant-appellant.

Benedict A. Casey (Beasley, Casey, Colleran, Erbstein, Thistle, Kline & Murphy; Marvin Ellin, Ellin & Baker, on brief) for plaintiffs-appellees.

Before PHILLIPS, MURNAGHAN and WILKINSON, Circuit Judges.


WILKINSON, Circuit Judge:

In this case we must determine if a dismissal by one federal court on statute of limitations grounds bars subsequent litigation of the same claim between the same parties in a second federal forum. The district court held it does not. We reverse and hold that pursuant to Fed.R.Civ.P. 41(b) the earlier statute of limitations ruling is a judgment on the merits subject to claim preclusion.

I.

On July 19, 1984, plaintiff Mary...

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