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LOCKLIN v. SWITZER BROTHERS, INC.

Nos. 14383-84.

335 F.2d 331 (1964)

Harry P. LOCKLIN and Elmer J. Brant, general partners doing business under the firm name of Radiant Color Company, Counter-Plaintiffs-Appellants, v. SWITZER BROTHERS, INC., Robert C. Switzer and Joseph L. Switzer, Counter-Defendants-Appellees. Harry P. LOCKLIN and Elmer J. Brant, general partners doing business under the firm name of Radiant Color Company, Plaintiffs-Appellants, v. SWITZER BROTHERS, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

July 24, 1964.

Attorney(s) appearing for the Case

Carl Hoppe, San Francisco, Cal., and W. J. Marshall, Jr., Chicago, Ill., for appellants.

Benjamin H. Sherman, Anthony R. Chiara, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., for appellees.

Before SCHNACKENBERG, KILEY and MAJOR, Circuit Judges.

KILEY, Circuit Judge.

The question in these appeals is whether the denial of post-trial motions in the California courts of the Ninth Circuit1 for a new trial and to set aside judgment, and affirmance of denials on appeal, are res judicata of these later independent equitable actions in this circuit which attempt in effect to set aside the California judgment on "substantially most" of the same grounds raised on the motions in the California...

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