MONTEITH BROS. CO. v. UNITED STATES

Civ. No. 334.

48 F.Supp. 210 (1942)

MONTEITH BROS. CO. v. UNITED STATES.

District Court, N. D. Indiana, South Bend Division.

December 24, 1942.


Attorney(s) appearing for the Case

Church & Chester, of Elkhart, Ind., for plaintiff.

Alexander M. Campbell, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of South Bend, Ind., and George H. Zeutzius, Sp. Asst. to Atty. Gen., of Washington, D. C., for defendant.


SLICK, District Judge.

Each party has moved for judgment on the pleadings.

Plaintiff relies on the rule of res adjudicata. In its complaint plaintiff alleges that on August 12, 1935 it brought an action in this court against defendant; that defendant, being notified, appeared and filed answer; that a final judgment was entered in said cause upon the issues and upon the merits so joined, said judgment being in favor of plaintiff and against the defendant; that...

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