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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.