Sisti v. Merrill Lynch ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 94-1783
SEBASTIAN C. SISTI,
Plaintiff - Appellant,
versus
MERRILL LYNCH, PIERCE, FENNER AND SMITH,
INCORPORATED; JOSEPH BELFIORE; GEORGE T.
BASKERVILLE, III; ARTHUR SOBEL; MICHAEL S.
DZIKOWSKI; WILLIAM A. SCHREYER; DANIEL P.
TULLY,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior
District Judge. (CA-94-158)
Submitted: February 7, 1996 Decided: February 14, 1996
Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Frank George Uvanni, CHALKLEY & WITMEYER, Ashland, Virginia, for
Appellant. James E. Farnham, Edward Joseph Fuhr, HUNTON &
WILLIAMS, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Sebastian C. Sisti appeals from the district court's order
granting the Defendants' motion to dismiss Sisti's civil complaint
on res judicata grounds. Finding no error, we affirm.
The parties in the current action are identical to those in
Sisti's earlier federal suit; the individual Defendants in this
action are employees or officers of the corporate DefendantCa
Defendant in both the earlier federal suit and this action. See
Nash County Bd. of Educ. v. Biltmore Co., 640 F.2d 484, 493-94 (4th
Cir.), cert. denied, 454 U.S. 878 (1981). There is identity of the
causes of action between this suit and the former one. Sisti's at-
tempt to raise the same claims under a different legal theory does
not circumvent the res judicata bar. See Harnett v. Billman, 800
F.2d 1308, 1314 (4th Cir. 1986), cert. denied, 480 U.S. 932 (1987).
And the judgment in the prior action was a judgment on the merits.
Therefore, the district court properly found the current action
barred by the principles of res judicata. See Keith v. Aldridge,
900 F.2d 736, 739-40 (4th Cir.), cert. denied, 498 U.S. 900 (1990).
Accordingly, we affirm the district court's order. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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