SOEDER ET AL.

v.

UNITED STATES

Citator

Cited By

• Winters v. Abe Lavine, 574 F.2d 46 (2d Cir. 1978)
  …on is that the rule of collateral estoppel can be applied only if the issue sought to be precluded in the later suit is relative to that suit, an issue of “ultimate,” The Evergreens v. Nunan, 141 F. 2d 927, 928 (2d Cir.) (L. Hand, J.), cert. denied, 323 U.S. 720, 65 S.Ct. 49, 89 L.Ed. 579 (1944) (“those facts, upon whose combined occurrence the law raises the duty, or the right, in question”), fact or mixed fact and law rather than merely one of “evidentiary” or “mediate,” id. (“fact, from whose existence m…
• Am. Safety Table Co., Inc. v. Schreiber, 269 F.2d 255 (2d Cir. 1959)
  …ould have been deemed sufficient in view of the ambiguous use of nameplates in the industry, were we dealing solely with production, i.e., with the copying alone. Landis Machinery Co. v. Chasa Tool Co., 6 Cir., 1944, 141 F. 2d 800, certiorari denied 323 U.S. 720, 65 S.Ct. 52, 89 L.Ed. 579; Harvey Hubbell, Inc. v. General Electric Co., D.C.S.D.N.Y., 1919, 262 F. 155; Eastern Construction Co. v. Eastern Engineering Co., 1927, 246 N.Y. 459, 157 N.E. 397, with American Chicle Co. v. Topps Chewing Gum, Inc., 2 C…