Legal Opinion · Concurrence
United States v. Stauffer Chemical Company
Court of Appeals for the Sixth Circuit
Decided July 7, 1982No. 81-5311Published
1ConcurrenceSiler, District Judge
I concur with the majority opinion on the merits but disagree with it on procedural grounds, that is, I believe the doctrines of collateral estoppel and res judicata should not be applied here.
Where the history of the cases shows that in Stauffer I, as designated in the majority opinion, the Wyoming district court opinion in favor of the EPA was rendered on June 23, 1980, there was legal authority for the action of the EPA at the time it obtained a warrant and Went to inspect the Tennessee plant on August 7,1980. Then, the district court in this case held its hearing on August 29, 1980, while…
2Cases cited10 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Bread Political Action Committee v. Federal Election CommissionSupreme Court of the United States · 1982
- Western Oil And Gas Association v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 1980
- Cream Top Creamery v. Dean Milk Co.Court of Appeals for the Sixth Circuit · 1967
- William and Mary Lou Castorr v. John M. BrundageCourt of Appeals for the Sixth Circuit · 1982
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