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Leatherworks Partnership v. Berk Realty, Inc.

ELR Citation: 35 ELR 20235
Nos. No. 4:04 CV 0784, (N.D. Ohio, 11/15/2005)

A court dismisses a company's claims against the prior owners of its property for failing to remove drums, titanium grindings, and other metals from the site pursuant to a purchase agreement. The company also argued that the prior owners violated a state court order, issued in conjunction with a settlement agreement, requiring the removal of the materials at issue. That being so, however, the case is barred by collateral estoppel. The matters at issue here have already clearly been litigated or clearly arise out of the same facts already litigated in state court. Further, the state court retained continuing jurisdiction and left open the possibility for the parties to return to that court if the settlement that it memorialized and the judgment that it entered were not fully executed.