Perrera v. Smolowitz

BYERS, District Judge.

This is a plaintiff’s motion for partial* summary judgment under Fed.Rules Civ. Proc. rule 56, 28 U.S.C.A., “on the issues-of negligence of the defendants and contributory negligence of the plaintiffs on the-ground that a previous action between the same parties arising out of the same state of facts and in which these issues were litigated has been brought to judgment in favor of the plaintiffs * *

If the actual parties to this cause were; those named in the title of the action, disposition of the motion would be comparatively simple. In fact, however, the surface…