Legal Opinion
Ocean Fisheries Co. v. Ira S. Bushey & Sons, Inc.
District Court, E.D. New York
Decided November 25, 1960No. Civ. A. No. 60C648Published
1Opinion of the Court
BYERS, District Judge.
The defendant seeks summary judgment under Rule 56(b), 28 U.S.C.A., dismissing the complaint “on the grounds of res judicata and collateral estoppel by judgment in that the claims made by plaintiff in the complaint herein and the evidentiary facts upon which they are based, were raised by plaintiff and the evidence thereon fully developed and decided adversely to it on the trial of an admiralty suit litigated to a conclusion between the same parties in this Court.”
The narrow question presented is whether the issues tendered by the plaintiff were so adjudicated in a final…
2Cases cited4 opinions
- Angel v. BullingtonSupreme Court of the United States · 1947
- Williamson v. Columbia Gas & Electric Corp.Court of Appeals for the Third Circuit · 1950
- Constantine MacRis v. Sociedad Maritima San Nicolas, S.A., and Petmar Agencies, Inc., Also Known as P. D. Marchessini and Co. Inc.Court of Appeals for the Second Circuit · 1959
- Ira S. Bushey & Sons, Inc. v. Fishing Vessel Ocean SprayDistrict Court, E.D. New York · 1957