MILTON S. KOBLITZ, PLAINTIFF-APPELLANT,
v.
BALTIMORE AND OHIO RAILROAD COMPANY, DEFENDANT-APPELLEE

2d Cir. | 1959-04-28
Nos. 180, Docket 25331
Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.
266 F.2d 320 United States Court of Appeals for the Second Circuit (1959) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

[*321] PER CURIAM.

We affirm on the opinion of Judge Bryan, reported at 164 F.Supp. 367. In addition to the estoppel of the former judgment we find that the basic point now argued as to whether the source of appellant’s claim is derivative or direct, was determined in the appeal to this Court from the adverse judgment in the prior action. Rieser v. Baltimore & Ohio R. Co., 2 Cir., 1955, 228 F. 2d 563. Thus appellant is bound not only by a direct but also by a collateral estoppel.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw