Unpublished Disposition, 923 F.2d 863 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 923 F.2d 863 (9th Cir. 1991)

Harvey H. TODA, Plaintiff-Appellant,v.CITY AND COUNTY OF HONOLULU, Defendant-Appellee.

No. 90-15483.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 7, 1990.* Decided Jan. 23, 1991.

Before FARRIS, CYNTHIA HOLCOMB HALL and KOZINSKI, Circuit Judges.

MEMORANDUM** 

This action presents the same issues and parties as those raised in D.C. No. CV-86-1069. The district court entered summary judgment in favor of Appellee, the Ninth Circuit affirmed, and a petition for a writ of certiorari to the United States Supreme Court was denied. The instant case, D.C. No. CV-89-0858-DAE involves the same facts, cause of action, and parties as were involved in the previous litigation. As such, the district court appropriately granted summary judgment based on the doctrines of res judicata and collateral estoppel. See Wight v. Montana-Dakota Utilities Co., 299 F.2d 470, 477 (9th Cir. 1962), cert. denied, 371 U.S. 962 (1963); Hubicki v. AFC Industries, 484 F.2d 519, 524 (3d Cir. 1973).

AFFIRMED.

 *

The panel finds this case appropriate for submission without oral argument pursuant to Ninth Circuit Rule 34-4 and Fed. R. App. P. 34(a)

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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