Maggie Management Company - Page 23

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          the State court suit, the jury accepted the position of MMC                 
          (petitioner here) that it was an independent entity.  Moreover,             
          the special verdict found that the written agreements between               
          petitioner and the related entities were valid and enforceable,             
          and that the luxury automobiles and other personal property                 
          belonged to petitioner.  These findings were wholly inconsistent            
          with petitioner's position in the instant proceedings that the              
          property was purchased by petitioner as an agent for Ohanesian              
          and the related entities.                                                   
               The doctrine of judicial estoppel precludes a party to a               
          judicial proceeding from taking a position contrary to one it               
          took and persuaded a court to accept in an earlier proceeding.              
          See Huddleston v. Commissioner, 100 T.C. 17, 26-29 (1993).  The             
          doctrine of judicial estoppel focuses on the relationship between           
          a party and the courts; it seeks to preserve the integrity of the           
          judicial process by preventing a party from successfully                    
          asserting one position before a court and thereafter asserting a            
          contradictory position before the same or another court merely              
          because it is now in that party's interest to do so.  Id. at 26.            
          The United States Court of Appeals for the Sixth Circuit has                
          explained that the doctrine of judicial estoppel prevents a party           
          from "abusing the judicial process through cynical gamesmanship,            
          achieving success on one position, then arguing the opposite to             
          suit an exigency of the moment."  Teledyne Indus. v. NLRB, 911              
          F.2d 1214, 1218 (6th Cir. 1990).  In these circumstances it would           




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