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COHEN v. SUPERIOR OIL CORPORATION

No. 6239.

90 F.2d 810 (1937)

COHEN v. SUPERIOR OIL CORPORATION.

Circuit Court of Appeals, Third Circuit.

June 11, 1937.

Attorney(s) appearing for the Case

Albert L. Simon, of Wilmington, Del. (Meyer Kraushaar, of New York City, of counsel), for appellant.

Ward & Gray, of Wilmington, Del. (E. Ennalls Berl and David F. Anderson, both of Wilmington, Del., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.

BUFFINGTON, Circuit Judge.

Passing by the numerous questions raised in this case, we restrict ourselves to the decisive one of res adjudicata which the court held barred the plaintiff's suit, brought in the court below to recover on three notes given by defendant.

The facts of the case and the contentions of the parties are correctly stated in the trial court's opinion, as follows:

"The sixth plea is res judicata. It alleges that on July 30, 1930,...

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