KAPATOS

v.

UNITED STATES

Citator

Cited By (26 total)

• Nilsen v. The City OF Moss Point, 701 F.2d 556 (5th Cir. 1983)
  …ed by the same wrong? Would a different judgment obtained in the second action impair rights under the first judgment? Would the same evidence sustain both judgments? Acree v. Air Line Pilots Association, 390 F. 2d 199, 201 (5th Cir.), cert. denied, 393 U.S. 852, 89 S.Ct. 88, 21 L.Ed.2d 122 (1968). This Court has recognized that the principal test for comparing causes of action is whether the primary right and duty or wrong are the same in each action. Stevenson v. International Paper Co., 516 F. 2d 103, 10…
• Stevenson v. Int'l Paper Co., 516 F.2d 103 (5th Cir. 1975)
  …le legal wrong. 409 F. 2d at 881. There is no one test for deciding whether the substances of two actions are the same for the purposes of res judicata. As this Court noted in Acree v. Air Line Pilots Assn., 390 F. 2d 199 (5th Cir.), cert. denied, 393 U.S. 852, 89 S.Ct. 88, 21 L.Ed.2d 122 (1968), various tests have been advanced, including Is the same right infringed by the same wrong? Would a different judgment obtained in the second action impair rights under the first judgment? Would the same evidence…

  ← 1 / 2 →
• E. B. Elliott ADV. Co. v. Metro. Dade Cnty., 425 F.2d 1141 (5th Cir. 1970)
  …as to every other matter which might with propriety have been litigated and determined in that action, regardless of whether questions of federal or state law are involved. Acree v. Air Line Pilots Association, 5 Cir. 1968, 390 F. 2d 199, cert. den. 393 U.S. 852, 89 S.Ct. 88, 21 L.Ed.2d 122; Hudson v. Lewis, 5 Cir. 1951, 188 F. 2d 679; Iselin v. C. W. Hunter Co., 5 Cir. 1949, 173 F. 2d 388; Jarrard v. Southeastern Shipbuilding Corporation, 5 Cir. 1947, 163 F. 2d 960; Thompson v. Houston Oil Co., 5 Cir. 193…