First Congregational Church & Society of Burlington v. Evangelical & Reformed Church
District Court, S.D. New York
1Opinion of the Court
DIMOCK, District Judge.
In this case I have directed a separate trial of the issue of res judicata and collateral estoppel (hereinafter for brevity referred to as “res judicata”) with the thought that it might possibly eliminate the necessity for a trial on the merits. Defendants have rested in their presentation of their affirmative case in support of their defense of res judicata. Plaintiffs have moved for a ruling that defendants have not made out a prima facie case. That motion is before me.
The case is one of great importance to large numbers of people and involves venerated and deep…
2Cases cited4 opinions
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Gart v. ColeCourt of Appeals for the Second Circuit · 1959
- CADMAN MEM'L CONG. SOC. OF BROOKLYN v. KenyonNew York Court of Appeals · 1953
- First Congregational Church & Society of Burlington v. Evangelical & Reformed ChurchDistrict Court, S.D. New York · 1958
3Cited by5 opinions
- United States v. PentonDistrict Court, M.D. Alabama · 1962
- Berkaw v. Mayflower Congregational ChurchMichigan Supreme Court · 1966
- First Congregational Church and Society of Burlington, Iowa v. Evangelical and Reformed ChurchCourt of Appeals for the First Circuit · 1962
- Berkaw v. Mayflower Congregational ChurchMichigan Court of Appeals · 1965
- Berkaw v. Mayflower Congregational ChurchMichigan Supreme Court · 1966