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OPINION FOR PUBLICATION
Honorable Duncan W. Keir

Counsel for Plaintiffs: Alvin I. Frederick
Irving Edward Walker

Counsel for Defendants: Jeanett Palacios Henry
Donald M. Temple

Before the court were motions for summary judgment filed by the Plaintiffs in two-related adversary proceedings. The complaints for which Plaintiffs sought summary judgment requested a declaratory judgment by this court determining that the Defendants, Shirley Blair, individually, and Blair Temporaries and Staffing, Inc. (hereinafter “Blair Temps”), are precluded by the doctrines of res judicata and judicial estoppel from bringing any malpractice claims against the Plaintiffs for services rendered by the Plaintiffs as special counsel to the Chapter 11 Trustee in the bankruptcy case of Blair Temps. The court found that the elements of res judicata were met and that equity prevented the Defendants from pursuing allegations of malpractice against the Plaintiffs in another court. Alternatively, the court determined that the doctrine of judicial estoppel precluded Defendants from pursuing such claims.

Entered: 
2005-01-10
Case: 
99-20539
Judge: 
Duncan W. Keir