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213773P.pdf   08/22/2022  Bret Healy  v.  Albert Fox
   U.S. Court of Appeals Case No:  21-3773
   U.S. District Court for the District of South Dakota - Central   
[PUBLISHED] [Gruender, Author, with Benton and Grasz, Circuit Judges] Civil Case - RICO. The district court did not err in dismissing Bret Healy's RICO action as barred by res judicata. Under South Dakota law, his RICO action was the same cause of action as a civil case he had previously litigated in the South Dakota courts, as the actions both arose out of the same nucleus of operative fact and sought to address the same wrong, albeit under different theories of liability. Bret had a full and fair opportunity to to litigate his claim in the state court case.