Leo T. Mooney v. Central Motor Lines, Inc., and Boyce S. Marlowe

In this case, the facts are the same as in Mooney v. Central Motor Lines, Inc., 6 Cir., 222 F.2d 569, decided April 26, 1955, except that appellee Marlowe was not a party defendant in that case. We there held that the Federal Rules of Civil Procedure governed disposition of the case rather than the law of the State of Ohio, and that the district court’s order of dismissal, with prejudice, operated as an adjudication upon the merits.

The negligence alleged in the instant case was the same as that in the prior case. Upon the motion of appellees, Central Motor Lines, Inc. and Boyce S. Marlowe, to…