Illinois Cent. R. Co., Inc. v. Olberding

LINDLEY, Circuit Judge.

Plaintiff originally instituted suit against the defendants in the United States District Court for the Western District of Kentucky and recovered judgment for $37,500. Defendants appealed but asked for no supersedeas. The judgment was affirmed by the Court of Appeals, 201 F.2d 582; thereupon review followed in the Supreme Court, which, on November 9, 1953, in Olberding v. Illinois Central R. Co., 346 U.S. 338, 74 S.Ct. 83, reversed the judgment.

In the meantime and while the original cause was pending on appeal, plaintiff instituted a suit against the same defendants in…