FROST v. BANKERS COMMERCIAL CORP.

No. 148, Docket 22212.

194 F.2d 505 (1952)

FROST et al. v. BANKERS COMMERCIAL CORP.

United States Court of Appeals Second Circuit.

Decided February 8, 1952.


Attorney(s) appearing for the Case

Alfred S. Julien, New York City, for plaintiffs-appellants.

Robert I. Rogin, New York City, for defendant-appellee.

Before AUGUSTUS N. HAND and CLARK, Circuit Judges, and BRENNAN, District Judge.


CLARK, Circuit Judge.

This is an appeal from a summary judgment for defendant in an action to recover freight moneys advanced, granted by the District Court on the ground that the action was barred by a previous judgment for defendant in the New York Supreme Court on the same cause. The transactions giving rise to the dispute sued on here and in the state court are identical. In 1943, Republic Chemical Corporation, with whom the present plaintiffs admit privity, entered...

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