TOWN OF FLAGSTAFF
v.
WILLIAM D. WALSH, AS THE SURVIVING PARTNER OF THE COPARTNERSHIP OF MCLEAN AND WALSH, ETC., ET AL.

U.S. | 1926-10-11
No. 383
273 U.S. 695 Supreme Court of the United States (1926) Positive Treatment
Cited by 5 cases

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  • Jackson v. Florida Weathermakers, 55 So. 2d 575 (Fla. 1951)
  • Carson INV. Co. v. Anaconda Copper Mining Co., 26 F.2d 651 (9th Cir. 1928)
    …& R. Co. (C. C. A.) 11 F.(2d) 764. To review our decision in that matter, the American Smelting & Refining Company applied to the Supreme Court for a writ of certiorari, but the application was denied on October 11, 1926. A. S. & R. Co. v. Carson, 273 U. S. 695, 47 S. Ct. 92, 71 L. Ed. 844. Thereafter, when the mandate from the Circuit Court of Appeals went down to the District Court in Washington, there was a hearing as to the alleged defect in parties, and John H. Miller as trustee, and the Carson Invest…
  • United States v. Truckee-Carson Irrigation Dist., 649 F.2d 1286 (9th Cir. 1981)
    …other.” Restatement of Judgments, supra, § 82, Comment a. Where there is no adversity under the pleadings, co-parties may be bound only as to issues actually or necessarily litigated. Town of Flagstaff v. Walsh, 9 F. 2d 590 (9th Cir.), cert. denied, 273 U.S. 695, 47 S.Ct. 92, 71 L.Ed. 844 (1926). See also, Restatement (Second) of Judgments, supra, Comment a; Developments in the Law — Res Judicata, 65 Harv.L.Rev. 818, 860-61 (1952); Annot., 24 A.L.R.3d 318 (1969). A strict adversity requirement does not n…

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