Legal Opinion

United States v. Alky Enterprises, Inc.

Court of Appeals for the First Circuit

Decided July 20, 1992No. 91-2021PublishedCited by 27 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Senior Circuit Judge.

This appeal requires determination of whether there is privity between the Interstate Commerce Commission (the “ICC”) and the United States in the enforcement of the Interstate Commerce Act, so that a prior injunctive action by the ICC was res judicata as to the United States’ later action for civil penalties. The district court found no privity between the ICC and the United States. It held, therefore, that the doctrine of res judicata did not bar the Attorney General’s subsequent action to impose civil penalties. We affirm.

I

Defendant-appellant Alky…

2Cases cited7 opinions

Sunshine Anthracite Coal Co. v. AdkinsSupreme Court of the United States · 1940
Carl Kale v. Combined Insurance Company of AmericaCourt of Appeals for the First Circuit · 1991
Isaac Manego v. The Orleans Board of Trade, Isaac Manego v. The Orleans Board of Trade, Cape Cod Five Cents Savings Bank and David B. WillardCourt of Appeals for the First Circuit · 1985
Trailer Marine Transport Corp. v. Federal Maritime CommissionCourt of Appeals for the D.C. Circuit · 1979
The Atchison, Topeka And Santa Fe Railway Company v. United StatesCourt of Appeals for the Seventh Circuit · 1980

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

David and Carolyn Gaskell v. The Harvard Cooperative Society, David and Carolyn Gaskell v. The Harvard Cooperative SocietyCourt of Appeals for the First Circuit · 1993
Aunyx Corporation v. Canon U.S.A., IncorporatedCourt of Appeals for the First Circuit · 1992
Abdallah v. United Savings BankCalifornia Court of Appeal · 1996
In Re United States of America, Ex Rel. S. Prawer and Company v. Fleet Bank of MaineCourt of Appeals for the First Circuit · 1994
United States v. LedéeCourt of Appeals for the First Circuit · 2014

22 more not listed; retrieve them via the Exa API.