TEXAS
v.
NEW MEXICO ET AL.

U.S. | 1956-03-12
No. 9
350 U.S. 984 Supreme Court of the United States (1956) Positive Treatment
Cited by 2 cases

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  • Eichman v. Fotomat Corp., 759 F.2d 1434 (9th Cir. 1985)
    …Inc. v. Department of Alcoholic Beverage Control, 55 Cal.2d 728, 733, 361 P. 2d 712, 715, 13 Cal.Rptr. 104, 107 (1961); Pacific Mutual Life Insurance Co. v. McConnell, 44 Cal.2d 715, 725, 285 P. 2d 636, 641 (1955), appeal dismissed and cert. denied, 350 U.S. 984, 76 S.Ct. 472, 100 L.Ed. 851 (1956). Because federal antitrust claims are within the exclusive jurisdiction of the federal courts, Marrese, — U.S. at-, 105 S.Ct. at 1330, the California court in Eichman I would have had no jurisdiction over Eichman’…
  • …approving it authorized mutualization of the new company under the wrong statutes, the order is nevertheless res judica-ta. Pacific Mut. Life Ins. Co. v. McConnell, 44 Cal.2d 715, 727-28, 285 P. 2d 636, 642 (1955) (citations omitted), cert, denied, 350 U.S. 984, 76 S.Ct. 472, 100 L.Ed. 851 (1956). What Pacific Mutual hinted at, the California Supreme Court has now made explicit. It has declared that the mere availability of a voidness attack in some instances will not upset the normal rules of res judicat…

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