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RICE v. RINGSBY TRUCK LINES

No. 14100.

324 F.2d 146 (1963)

Dave RICE and Harry Harper, Plaintiffs-Appellants, v. RINGSBY TRUCK LINES, and Lawrence Howard Cash, individually and doing business as Ringsby Truck Lines, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 19, 1963.

Attorney(s) appearing for the Case

Kevin D. Kelly, La Salle, Ill., Lester E. Williams, Sidney Z. Karasik, Chicago, Ill., for plaintiffs-appellants.

George W. Angerstein, Chicago, Ill., of counsel.

Oswell G. Treadway, Chicago, Ill., Joseph H. Minshaw, Leonel I. Hatch, Jr., Chicago, Ill., for defendants-appellees.

Before HASTINGS, Chief Judge, and DUFFY and KILEY, Circuit Judges.

DUFFY, Circuit Judge.

This controversy was before us on a previous occasion, 7 Cir., 302 F.2d 550. The District Court had held that although Rice was not a party to an action in the Circuit Court in Rock Island County, Illinois, his negligence was there litigated, and that the instant suit was barred by the "Doctrine of Estoppel by Verdict." We held that Rice was entitled to his day in court. We reversed and remanded the case for...

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