FEDERATED DEPARTMENT STORES INC. v. MOITIE

No. 79-1517.

452 U.S. 394 (1981)

FEDERATED DEPARTMENT STORES, INC., ET AL. v. MOITIE ET AL.

Supreme Court of United States.

Decided June 15, 1981.


Attorney(s) appearing for the Case

Jerome I. Chapman argued the cause for petitioners. With him on the briefs were Abe Krash, Paul Fitting, Charles G. Miller, Eugene H. Gordon, John C. Grosz, Bernard Persky, and John Curran Ladd.

Jerrold N. Offstein argued the cause and filed a brief for respondents.


JUSTICE REHNQUIST delivered the opinion of the Court.

The only question presented in this case is whether the Court of Appeals for the Ninth Circuit validly created an exception to the doctrine of res judicata. The court held that res judicata does not bar relitigation of an unappealed adverse judgment where, as here, other plaintiffs in similar actions against common defendants successfully appeal the judgments against them. We disagree with the view taken by the...

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