Nichols v. Long Island Lighting Co.

In our prior opinion in this case, 2 Cir., 207 F.2d 931, we affirmed the order of the district court dismissing the action herein. We did so first on the ground that the action was a collateral attack and as such was prohibited by the injunction accompanying the consolidation decree. Moreover, we found that the claims presented were not new but a een passe on e ore or were known at the time of previous attacks on the decree. See, In re Long Island Lighting Co 2 Cir. 197 F.2d 709. Thus the plaintiffs should have been barred from proceeding further on the basis of the allegations presented in…