WEIL
v.
COMMISSIONER OF INTERNAL REVENUE; AND WEIL V. COMMISSIONER OF INTERNAL REVENUE

U.S. | 1949-10-10
Nos. 143; No. 144
338 U.S. 821 Supreme Court of the United States (1949) Positive Treatment
Cited by 12 cases

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  • Kern v. Hettinger, 303 F.2d 333 (2d Cir. 1962)
    …ion and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue, operates as an adjudication upon tlie merits.” . See generally, Behrens v. Skelly, 3 Cir. 1949, 173 F. 2d 715, cert. denied, 338 U.S. 821, 70 S.Ct. 66, 94 L.Ed. 498; Eisel v. Columbia Packing Co., D.Mass., 1960, 181 F.Supp. 298; Hinchey v. Sellers, 1959, 7 N.Y.2d 287, 197 N.Y.S.2d 129, 165 N.E. 2d 156.…
  • James Talcott, Inc. v. Allahabad Bank, Ltd., 444 F.2d 451 (5th Cir. 1971)
    …follows the general rule that the law of the state where the judgment in question was rendered determines the question of mutuality. Restatement, Conflict of Laws § 450, comment (d). See Behrens v. Skelly, 3d Cir. 1949, 173 F. 2d 715, cert. denied, 338 U.S. 821, 70 S.Ct. 66, 94 L.Ed. 498. . It has been suggested. that the burden should be on the party against whom the judgment is asserted to raise the issue and to affirmatively show that he did not have a full opportunity to liti-agate. See Thames, Mutual…
  • McLAUGHLIN v. Bradlee, 803 F.2d 1197 (D.C. Cir. 1986)
    …recise issue raised in those cases is the same as that raised here, but even if they are not precisely the same, “nevertheless the basic issue in both is the same.” St. Lo Construction Co. v. Koenigsberger, 174 F. 2d 25, 27 (D.C.Cir.), cert. denied, 338 U.S. 821, 70 S.Ct. 66, 94 L.Ed. 498 (1949). That issue is whether the defendants unlawfully intruded upon McLaughlin’s privacy by their conduct in the investigations. In addition, even if the issues are not precisely the same, most of the considerations th…

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