Moitie v. Federated Department Stores, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
This appeal presents a complex and novel issue related to the doctrine of res judicata: when several cases are consolidated for trial with some but not all of the plaintiffs appealing successfully, is the first decision res judicata as to those plaintiffs who did not appeal? Under the facts of this case, we hold that the interests of justice require that the entire decision be rendered inoperative, and we therefore reverse and remand.
FACTS
In April 1976 the government brought antitrust actions against defendant department stores alleging price fixing on women’s…
2Cases cited12 opinions
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Ashcraft v. TennesseeSupreme Court of the United States · 1944
- Estate of McDillCalifornia Supreme Court · 1975
- Reed v. AllenSupreme Court of the United States · 1932
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- Salveson v. Western States Bankcard Ass'nCourt of Appeals for the Ninth Circuit · 1984
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