United States First Circuit

District court judgment that the pier in question is personalty and not realty is affirmed where: 1) the Rhode Island Supreme Court decision in 1976 that the pier was personalty was binding; 2) the court did not err in refusing to apply judicial estoppel, as it applies more to the actions of plaintiff's predecessor than plaintiff; and 3) defendant is not collaterally estopped from asserting that its right to use the pier constitutes personalty, as the issue was not litigated in an earlier proceeding, and plaintiff did not raise the argument in district court and thus the claim is waived.

Appellate Information

• Decided 06/01/2009
• Published 06/01/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, FARRIS, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gerald J. Petros with whom Mitchell R. Edwards and Hinckley, Allen & Snyder LLP, were on brief, for appellant.


• For Appellees:
  
• Robert K. Taylor with whom James W. Ryan and Partridge Snow & Hahn LLP, were on brief, for appellee.