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UNITED STATES v. WOOTEN

No. 21570.

343 F.2d 214 (1965)

UNITED STATES of America, Appellant, v. J. J. WOOTEN, Appellee.

United States Court of Appeals Fifth Circuit.

March 22, 1965.

Attorney(s) appearing for the Case

Kathryn H. Baldwin, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Gus L. Woods, Asst. U. S. Atty., Atlanta, Ga., John W. Douglas, Asst. Atty. Gen., Charles S. Goodson, U. S. Atty., for appellant.

Alan E. Serby, Paul M. Daniell, Atlanta, Ga., for appellee, Watkins & Daniell, Atlanta, Ga., of counsel.

Before TUTTLE, Chief Judge, MOORE, Circuit Judge, and SLOAN, District Judge.

MOORE, Circuit Judge:

Appellant, United States of America (the Government), appeals from a final judgment entered against it (January 7, 1964), dismissing upon defendant's (appellee's) motion its complaint. Defendant's motion to dismiss was based "on the grounds that the cause of action is res judicata." The prior adjudication is claimed to be "the action taken by this Court [the trial court here] in United States of America, Plaintiff, v. J. J. Wooten, d/b...

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