McKeown v. Wheat

BROWN, Circuit Judge.

American Federation of Hosiery Workers brought this diversity action against all officers and former members of Branch 74 for declaratory judgment and ancillary relief declaring that all of the assets and records of the Branch, since dissolved because its membership had become less than seven, rightfully belongs, under the Constitution1 *of Federation and Branch, to the Federation. After hearing, the court sustained a plea that a prior State Court suit2 by certain *542members against Branch officers was res judicata.

The plea of res judicata, as such, cannot be sustained for…