U.S. Court of Appeals for the Second Circuit, 1959

Koblitz v. Baltimore & Ohio Railroad

Koblitz v. Baltimore & Ohio Railroad
U.S. Court of Appeals for the Second Circuit · Decided April 28, 1959 · Hincks, Mathes, Medina
266 F.2d 320; 1959 U.S. App. LEXIS 3963 (Federal Reporter, Second Series)

Koblitz v. Baltimore & Ohio Railroad

Opinion of the Court

PER CURIAM.

We affirm on the opinion of Judge Bryan, reported at 164 F.Supp. 367. In addition to the estoppel of the former judgment we find that the basic point now argued as to whether the source of appellant’s claim is derivative or direct, was determined in the appeal to this Court from the adverse judgment in the prior action. Rieser v. Baltimore & Ohio R. Co., 2 Cir., 1955, 228 F.2d 563. Thus appellant is bound not only by a direct but also by a collateral estoppel.

Affirmed.

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