Legal Opinion

First Congregational Church & Society of Burlington v. Evangelical & Reformed Church

District Court, S.D. New York

Decided March 31, 1961PublishedCited by 5 opinions

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

  1. Israel v. Wood Dolson Co.New York Court of Appeals · 1956
  2. Gart v. ColeCourt of Appeals for the Second Circuit · 1959
  3. CADMAN MEM'L CONG. SOC. OF BROOKLYN v. KenyonNew York Court of Appeals · 1953
  4. First Congregational Church & Society of Burlington v. Evangelical & Reformed ChurchDistrict Court, S.D. New York · 1958

3Cited by5 opinions

  1. United States v. PentonDistrict Court, M.D. Alabama · 1962
  2. Berkaw v. Mayflower Congregational ChurchMichigan Supreme Court · 1966
  3. First Congregational Church and Society of Burlington, Iowa v. Evangelical and Reformed ChurchCourt of Appeals for the First Circuit · 1962
  4. Berkaw v. Mayflower Congregational ChurchMichigan Court of Appeals · 1965
  5. Berkaw v. Mayflower Congregational ChurchMichigan Supreme Court · 1966

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