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To: maine-iac7
Hey, my friend,

I don't have enough info- It would seem to me, without direct knowledge, he might have some protection against the Schinlers themselves. There something called collateral estoppal which means if the Court has already determined facts between 2 opposing parties, those facts would apply to another action between the 2 parties. And something called res judicata, which means that if a judgment has already come down as to 2 parties on the same issue, it can't be re litigated.

However, if that's what MS is relying on, I don't see why the sister and brother can't suehim. It's my understanding that just the mother and father opposed him in the first case. If the brother and sister filed suit, the parties to the second case would be between Different parties, and the issues of law I tried to explain above, would not apply because there's not a strict identity of parties any more.

That's just my first guess based on just general knowledge. But, I don't know the specific facts. But, I would love to see him get his before a jury.

Late again, my friend. Fight again tomorrow.
421 posted on 04/01/2005 11:02:29 PM PST by St.VincentPaul
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To: St.VincentPaul
You have given me something positive to go to sleep on! Thanks!

have a good flight - make sure there's no "Midgets with hammers"

Next time you're in FR, you might be interested in an article I posted about a very similar case as Terri's a few years ago, In Calif., that also made national news, but with very different results: it's post # 10 under the thread title "Mark Steyn: Public Execution"

516 posted on 04/01/2005 11:48:14 PM PST by maine-iac7 ("...BUT YOU CAN'T FOOL ALL OF THE PEOPLE ALL THE TIME." Lincoln)
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