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U.S. v. ALKY ENTERPRISES, INC.

No. 91-2021.

969 F.2d 1309 (1992)

UNITED STATES of America, Plaintiff, Appellee, v. ALKY ENTERPRISES, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 20, 1992.

Attorney(s) appearing for the Case

Russell F. Hilliard with whom Upton, Sanders & Smith, Concord, N.H., was on brief for defendant, appellant.

Gretchen Leah Witt, Chief, Civil Div., U.S. Atty.'s Office, with whom Jeffrey R. Howard, U.S. Atty., Concord, N.H., was on brief for the U.S.

Before TORRUELLA, Circuit Judge, CAMPBELL and BOWNES, Senior Circuit Judges.

LEVIN H. CAMPBELL, Senior Circuit Judge.

This appeal requires determination of whether there is privity between the Interstate Commerce Commission (the "ICC") and the United States in the enforcement of the Interstate Commerce Act, so that a prior injunctive action by the ICC was res judicata as to the United States' later action for civil penalties. The district court found no privity between the ICC and the United States. It held, therefore, that the doctrine...

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