UNITED STATES v. MUNSINGWEAR

Nos. 13875, 13876.

178 F.2d 204 (1949)

UNITED STATES v. MUNSINGWEAR, Inc. (two cases).

United States Court of Appeals Eighth Circuit.

November 22, 1949.


Attorney(s) appearing for the Case

John W. Graff, United States Attorney, St. Paul, Minn., for appellant.

John M. Palmer, Minneapolis, Minn. (Frederick H. Stinchfield and Stinchfield, Mackall, Crounse & Moore, Minneapolis, Minn., were with him on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.


SANBORN, Circuit Judge.

The question for decision is whether the unconditional dismissal by this Court of an appeal from a judgment of a District Court, entered after a trial on the merits of a case controlled by federal law, prevents the judgment from becoming a bar to the relitigation, in a subsequent action between the same parties upon a different claim, of the identical issue determined by the judgment, if the dismissal of the appeal was based upon on the conclusion...

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