FAIRFAX HOSPITAL ASSN. ET AL.
v.
CITY OF FAIRFAX ET AL.

U.S. | 1978-04-24
No. 77-826
435 U.S. 992 Supreme Court of the United States (1978) Positive Treatment
Cited by 1 case

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  • DOE v. Bailey Marshall, 694 F.2d 1038 (5th Cir. 1983)
    …ith directions to dismiss the case, so as to prevent preclusive effect of the first appellate opinion. United States v. Munsingwear, Inc., 340 U.S. 36, 39-40, 71 S.Ct. 104, 106-07, 95 L.Ed. 36 (1950); see, e.g., University of Texas Systems v. Assaf, 435 U.S. 992, 98 S.Ct. 1642, 56 L.Ed.2d 81 (1978). The defendants suggest that, due to the prior panel’s failure to follow this general rule, the preclusive danger inherent in failing to vacate the judgment has come to pass in this case. Accordingly, they call…

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