· 6/18/1940
Nicholas v. Colorado Fuel & Iron Corp.
Citations
- 112 F.2d 858
- 25 A.F.T.R. (P-H) 294
- 1940 U.S. App. LEXIS 4430
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “res judicata bars subsequent litiga- tion between the same parties and those in privity with them involving the same cause of action”
- holding that because the district court’s ruling and intention were made clear in its earlier memorandum and order, the omission of the word “not” from the original judgment was a clerical mistake and thus the entry of the amended judgment did not restart the time for filing an appeal
- rejecting argument that “law of case” doctrine prevents court from later examining basis for federal jurisdiction
- stating that the law of the case doctrine, which 14 posits that a court’s prior decision upon a rule of law generally should “govern the same issues in 15 subsequent stages in the same case,” is at its least binding in the context of interlocutory orders
- “Res 2 judicata does not speak to direct attacks in the same case, but rather has application in subsequent 3 actions.”
- “Res judicata does not speak to direct attacks in the same case, but rather has application [only] in subsequent actions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Huxman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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