Estate of Theodore C. Chemodurow, Deceased, Gail C. Williams, Executor - Page 17




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          proceedings of a State shall have the same full faith and credit            
          in every court within the United States as they have in the                 
          courts of the State from which they are taken); Kremer v.                   
          Chemical Constr. Corp., 456 U.S. 461, 482 (1982) (“Congress has             
          specifically required all federal courts to give preclusive                 
          effect to state-court judgments whenever the courts of the State            
          from which the judgments emerged would do so", quoting Allen v.             
          McCurrey, 449 U.S. 90, 96 (1980)); Bertoli v. Commissioner, 103             
          T.C. 501, 508 (1994).  The doctrine of collateral estoppel is               
          recognized in the courts of Montana.  E.g., Rafanelli v. Dale,              
          971 P.2d 371, 373 (Mont. 1998) (“The doctrine of collateral                 
          estoppel bars a party against whom the claim is asserted or a               
          party in privity with the earlier party, from relitigating an               
          issue which has been decided in a different cause of action.”).             
          The Supreme Court of Montana applies a three-part test to                   
          determine whether collateral estoppel bars litigation:  (1) Was             
          the issue decided in the prior adjudication identical with the              
          one presented in the action in question?  (2) Was there a final             
          judgment on the merits?  (3) Was the party against whom the plea            
          is asserted a party in privity with a party to the prior                    
          litigation?  See id. at 373-374.  Although the three-part test              
          applied by the Supreme Court of Montana does not specifically               
          recognize the fourth and fifth Peck requirements (actual                    
          litigation of an issue whose resolution was essential to prior              
          case and no change in controlling facts and applicable legal                




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