Legal Opinion · Dissent

St. John v. Wisconsin Employment Relations Board

District Court, E.D. Wisconsin

Decided April 28, 1950No. Civ. No. 4844Published

1DissentTehan, District Judge

The majority opinion states the facts which brought this action to this court and concludes that the plaintiffs have already had a complete adjudication in the State courts of all of the issues they raise here and thus are now barred from litigating these issues by the doctrine of res judicata. Our dissent is prompted by the belief that the issues raised in this action were not finally adjudicated in the State action, and that plaintiffs are entitled to an adjudication of these issues.

In the complaint which plaintiffs filed in the Circuit court of Milwaukee County, Wisconsin, plaintiffs…

2Cases cited24 opinions

  1. Angel v. BullingtonSupreme Court of the United States · 1947
  2. State ex rel. Carnation Milk Products Co. v. EmeryWisconsin Supreme Court · 1922
  3. Gross v. United States Mortgage Co.Supreme Court of the United States · 1883
  4. Moran Towing & Transportation Co. v. Navigazione Libera Triestina, S. A.Court of Appeals for the Second Circuit · 1937
  5. Payne v. City of RacineWisconsin Supreme Court · 1935

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