923 F2d 863 Toda v. City and County of Honolulu
923 F.2d 863
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
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.