Legal Opinion · Dissent

Deere & Co. v. First National Bank of Clarksdale

Mississippi Supreme Court

Decided June 18, 2009No. 2007-IA-01362-SCTPublished

1DissentGraves, Presiding Justice

¶44. As the majority correctly states, this case involves an underlying dispute over a John Deere & Company (Deere) combine purchased by Edward Johnson from Parker Tractor & Implement Company (Parker). I disagree with the majority’s analysis of the last-in-time doctrine and res judicata as they apply to the facts of this case. The majority’s analysis and conclusion are inconsistent with this Court’s prior caselaw regarding res judica-ta and the last-in-time doctrine. Today’s opinion only serves to cloud and confuse this area of law. Therefore, I respectfully dissent.

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¶ 45. The…

2Cases cited21 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Nevada v. United StatesSupreme Court of the United States · 1983
  3. Treinies v. Sunshine Mining Co.Supreme Court of the United States · 1940
  4. State Ex Rel. Moore v. MolpusMississippi Supreme Court · 1991
  5. Harrison v. Chandler-Sampson Ins., Inc.Mississippi Supreme Court · 2005

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