NEW ENGLAND TRUST CO.

v.

FARR ET AL.

Citator

Cited By

• Hayes v. Solomon, 597 F.2d 958 (5th Cir. 1979)
  …ot barred. • The principle of res judicata which prohibits splitting a cause of action “applies only to claims ‘then capable of recovery’ in the first action.” United States v. Pan-American Petroleum Co., 55 F. 2d 753, 782 (9th Cir.), cert. denied, 287 U.S. 612, 53 S.Ct. 14, 77 L.Ed. 532 (1932). In this case, the first forum, the Texas state court, could not provide the relief sought in the second forum, federal antitrust damages. We hold, therefore, that this case was not barred by the splitting prohibiti…
• Kobey v. United States, 208 F.2d 583 (9th Cir. 1953)
  …15. . See Judge Sawtelle’s exhaustive discussion. of the somewhat cognate contrast between “transaction” and “cause of action” in equity, in United States v. Pan-American Petroleum Co., 9 Cir., 1932, 55. F. 2d 753, 776-778, certiorari denied, 1932, 287 U.S. 612, 53 S.Ct. 14, 77 L.Ed. 532. . See also Goldbaum v. United States, 9 Cir., 1953, 204 F. 2d 74, 77.…
• Atherton v. Anderson, 86 F.2d 518 (6th Cir. 1936)
  …d by two distinct and separate legal wrongs, in either case two causes of action would result,” Pomeroy Code Remedies (5th Ed.) 367, cited with approval in United States v. Pan-American Petroleum Co., 55 F.(2d) 753, 777 (C.C.A.9), certiorari denied, 287 U.S. 612, 53 S.Ct. 14, 77 L.Ed. 532. Where rights arise under the laws of distinct sovereignties, a judgment based upon the violation of the one is no bar to a suit upon rights declared under the other, [*522] and the identity of parties, subject-matter and…