Blakely v. Couch

Clark, Judge.

Appellants’ able attorneys ardently argue that a previous judgment rendered in the U. S. District Court for appellant Blakely against the employers of appellee Couch preclude Couch as plaintiff from proceeding against Blakely and *626Blakely’s employer in the instant suit in the state court. This contention is based upon those legal principles generally referred to as "estoppel by judgment” or "collateral estoppel” or "binding precedent.”

Because of the frequency of cases of this nature resulting from a race by litigants for their preferred forum, be it state or federal, we relate the…