Civil Procedure Keyed to Marcus
Manego v. Orleans Board of Trade
Plaintiff brought a lawsuit in federal district court naming the Board of Selectmen, the Bank and David Willard (Willard), the vice president of the bank as Defendants, claiming they had conspired to deny him the licenses because of his race. The district court dismissed the state law claims for failure to state a cause of action and granted the Defendants’ Motion for Summary Judgment as to the remaining claims. However, Plaintiff brought another lawsuit, this time against the Bank, Willard and the Orleans Board of Trade alleged antitrust violations under the Sherman Antitrust Act. Willard and the Bank moved for summary judgment on the grounds that the new claims were barred by the doctrine of res judicata. The district court held that the facts forming Plaintiff’s claim of antitrust violations were the same as those which formed the basis of his earlier civil rights claims and that they were, therefore, barred by the final judgment against Plaintiff on the civil rights claims.
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