Russ' Kwik Car Wash, Inc. Clean Cars, Inc. v. Marathon Petroleum Company Gastown, Inc. Emro Marketing Company

The earlier decisions of our Court require that we follow the control test. The existence of possible alternative rationales does not change the fact that the control standard was a vital link in the logical scheme actually used by this Court to decide both Parrish and Shavrnoch. Where the legal principles applied by this Court in a prior case differ from those applied by another Circuit, the rule of stare decisis requires that we follow the principles previously applied by this Court. Ashe v. Commissioner, 288 F.2d 345, 347 (6th Cir. 1961). “[I]t is the principle which controls and not the…