Krone v. Lacy

DEVITT, District Judge.

In this appeal from the order of the District Court granting appellees’ motion for summary judgment, the sole question is as to the correctness of the trial judge’s view that the issue raised is res judicata by virtue of the decision of the Nebraska Supreme Court in a similar action between the same parties.

This action is for damages for the alleged breach of an agreement to transfer oil royalties. The requisite diversity of citizenship and amount in controversy are present.

In a similar action between the same parties brought under the Nebraska Declaratory Judgments…