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Cynthia S. Phillips v. American Airlines, Inc., 06-14650 (2006)

Court: Court of Appeals for the Eleventh Circuit Number: 06-14650 Visitors: 3
Filed: Dec. 28, 2006
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT DECEMBER 28, 2006 No. 06-14650 THOMAS K. KAHN Non-Argument Calendar CLERK _ D. C. Docket No. 05-01327-CV-T-30-MSS CYNTHIA S. PHILLIPS, Plaintiff-Appellant, versus AMERICAN AIRLINES, INC., Defendant-Appellee. _ Appeal from the United States District Court for the Middle District of Florida _ (December 28, 2006) Before WILSON, PRYOR and HILL, Circuit Judges. PER CURIAM: T
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT DECEMBER 28, 2006 No. 06-14650 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________ D. C. Docket No. 05-01327-CV-T-30-MSS CYNTHIA S. PHILLIPS, Plaintiff-Appellant, versus AMERICAN AIRLINES, INC., Defendant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (December 28, 2006) Before WILSON, PRYOR and HILL, Circuit Judges. PER CURIAM: This case was brought and settled. The parties accepted the benefits of the release and settlement agreement. With buyer’s remorse, plaintiff returned to the district court and asked that the case be reopened. The district court found that the plaintiff’s case had been fully and finally resolved by settlement. The matter was dismissed and the case closed. No appeal was taken. Now plaintiff returns to the district court for a third time on the same facts, this time claiming a breach of the settlement agreement, in that she preserved her right to additional lost wages. Defendant, while conceding plaintiff preserved this right, contends that it also preserved its right to accept or reject her claim. Here the defendant claims that it denied her claim, the matter is over and done with, and, as a matter of law, plaintiff’s claim is barred by the doctrines of res judicata or collateral estoppel. We agree. We have carefully reviewed the record in the case, the settlement agreement, the briefs and the arguments of counsel contained therein. Finding no error, we affirm the judgment of the district court based upon the well reasoned twelve-page report and recommendation of the magistrate judge dated May 26, 2006, as adopted by the district court. AFFIRMED. 2
Source:  CourtListener

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