SHORE v. PARKLANE HOSIERY CO., INC.

No. 49, Docket 77-7163.

565 F.2d 815 (1977)

Leo M. SHORE, Plaintiff-Appellant, v. PARKLANE HOSIERY COMPANY, INC., Herbert N. Somekh, Denise D. Somekh, Herbert N. Somekh, as Trustee of trusts for the benefit of his children, Charles B. Yaffe, Beulah Yaffe, David N. David, Neil B. Persky, Carl Appel, Esther Appel, Florence Mukamel, Arthur Gold, Stanley Kuschner and Harold Stone, Defendants, Parklane Hosiery Company, Inc., and Herbert N. Somekh, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 1, 1977.


Attorney(s) appearing for the Case

Samuel K. Rosen, New York City (Stuart D. Wechsler, Patricia I. Avery, Atty., Kass, Goodkind, Wechsler & Gerstein, New York City, of counsel), for plaintiff-appellant.

Irving Parker, New York City (Joseph N. Salomon, Norman Trabulus, Jacobs Persinger & Parker, New York City, of counsel), for defendants-appellees.

Before MANSFIELD and TIMBERS, Circuit Judges, and DOOLING, District Judge.


MANSFIELD, Circuit Judge:

This appeal raises the important question of whether a party who has had issues of fact determined against it after a full and fair opportunity to litigate them in a non-jury trial of an action against it may, in a different suit against it by another person, obtain a jury trial of the same issues of fact arising out of the same transaction. We hold that it is collaterally estopped from doing so.

In November 1974 the present class...

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