Did the district court err in sustaining the motion to dismiss on the basis of res judicata?
That determined, the Court found that the claims in the current action were identical to the claims upon which the jury rendered judgment in the previous action. The court held that the judgment in the previous action between the same parties was final as to every issue which could have been decided in that action. But in his complaint in the current action, Ichtertz sought to have Bainbridge held personally liable for the judgment awarded in the previous action. Ichtertz made a number of allegations related to the business of the corporation (Whether Bainbridge had withdrawn assets from the corporation without leaving sufficient assets for the corporation to pay its debt to Ichtertz. “Whether Bainbridge withdrew assets from the corporation after the judgment was entered against it was a fact which was not answered by the record before us” noted the Court. The previous action did not address any of the issues in this claim, which, if proved, would show a change in circumstances that oc
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