DICKINSON

v.

PORTER, STATE COMPTROLLER, ET AL.

Citator

Cited By (11 total)

• The Coca-Cola Co. v. Fed. Trade Comm'n, 475 F.2d 299 (5th Cir. 1973)
  …d a consent decree entered by a District Court in The Coca-Cola Bottling Co. v. The Coca-Cola Co., 269 F. 796 (D.Del.1920). A contention of res judicata is not cognizable by courts until administrative proceedings are at an end, SEC v. Otis & Co., 338 U.S. 843, 70 S.Ct. 89, 94 L.Ed. 516 (1949), and we intimate no view as to the merits of this contention. The plaintiffs go further, projecting the outline of disarray and disaster sketched by the technical res judicata argument by conjuring up the vision of…
• Safir v. Gibson, 432 F.2d 137 (2d Cir. 1970)
  …p., 327 U.S. 540, 66 S.Ct. 712, 90 L.Ed. 839 (1946); and FPC v. Arkansas Power & Light Co., 330 U.S. 802, 67 S.Ct. 963, 91 L.Ed. 1261 (1947), an issue which Congress meant to be decided in the first instance by the agency itself. SEC v. Otis & Co., 338 U.S. 843, 70 S.Ct. 89, 94 L.Ed. 516, rev’g 85 U.S.App.D.C. 122, 176 F. 2d 34 (1949), is not to the contrary. There the SEC, in the course of an investigation, had sought enforcement of a subpoena compelling an attorney to testify to conversations with a clie…
• Denver Bldg. & Constr. Trades Council v. Nat'l Labor Relations Bd., 186 F.2d 326 (D.C. Cir. 1950)
  …petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order as it deems just and proper, notwithstanding any other provision of law: * * . The Otis case was reversed by the Supreme Court, 1949, 338 U.S. 843, 70 S.Ct. 89, because of failure to exhaust admin [*332] istrative remedies. The res judicata question was not reached by the Supreme Oourt. . The quoted excerpts are from the Findings of Fact of the trial examiner, adopted by the Board. . “The fo…