Cofax Corp. v. Minnesota Mining & Mfg. Co.

HTJLBERT, District Judge.

Defendant moves, pursuant to Rule 42 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for the entry of an order for a separate trial of the issue of res adjudicata raised by the pleadings in the above action.

Defendant has heretofore moved for summary judgment before Judge Coxe, of this court, 79 F.Supp. 842, who, in an opinion dated July 25, 1947, denied the motion. At the outset, it is contended by the plaintiff that the present motion is, in effect, an attempt to relitigate the question of res adjudicata, which plaintiff asserts was…