Westmoreland v. Mississippi Power & Light Co.

HOLMES, Circuit Judge.

Our decision in this case is governed by the law of Mississippi, as announced by the Supreme Court of that state in Roberts v. Mississippi Power & Light Co., 193 Miss. 627, 10 So.2d 542. Although both cases arose out of the same state of facts, the judgment of the state court is not res judicata of this action, because the parties are different; and the appellants here are not bound by the facts as presented to the state court in the Roberts case, supra; but, where the facts in the two cases are not materially different, the law as applied to these facts in the Roberts…