
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            United States Court of Appeals                                For the First Circuit                                 ____________________          No. 97-1484                            MSM INDUSTRIES, INC., ET AL.,                               Plaintiffs - Appellants,                                          v.                              ZURICH INSURANCE COMPANY,                                Defendant - Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                      [Hon. Nancy Gertner, U.S. District Judge]                                           ___________________                    [Hon. Zachary R. Karol, U.S. Magistrate Judge]                                            _____________________                                 ____________________                                        Before                               Torruella, Chief Judge,                                          ___________                            Coffin, Senior Circuit Judge,                                    ____________________                             and Boudin, Circuit Judge.                                          _____________                                _____________________               Jordan  Lewis Ring,  with whom  Philipp  G. Grefe,  David R.               __________________              _________________   ________          Jackowitz and Ring & Grefe, P.C. were on brief for appellants.          _________     __________________               Frederick W.  Stein, with  whom Laurence  H. Reece,  Jeffrey               ___________________             __________________   _______          Levy, Heidlage & Reece, P.C., Steven D. Pearson and Bates Meckler          ____  ______________________  _________________     _____________          Bulger & Tilson were on brief for appellee.          _______________                                 ____________________                                  September 18, 1997                                 ____________________                    Per Curiam.  After a full review of the record, briefs,                    Per Curiam.                    __________          and arguments  of counsel, we  are satisfied that the  matter was          properly  resolved  by the  district  court.    The  doctrine  of          collateral  estoppel  or   issue  preclusion  made  the   earlier          Massachusetts  state   court  determination   against  appellants          binding  in the present  federal court action.   See 28  U.S.C.                                                             ___          1738.  Massachusetts  may follow the Restatement of  Judgments,                                                 _________________________          28(5)(c) (1982),  in recognizing  a limited  exception where  the          party opposing collateral  estoppel makes a clear  and convincing          showing that it was deprived of  the opportunity to obtain a full          and fair  adjudication in the  earlier case, but no  such showing          was made by the appellants in this  case.  Accordingly, we do not          reach appellants'  other  claims of  error which,  as both  sides          agree, are of no importance  once collateral estoppel is found to          apply.                      Affirmed.                      Affirmed.                      ________                                         -2-
