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Brown Vs. Felsen
Cites for this judgment
- US Supreme Court
- Jun 04, 1979
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U.S. 127 (1979) U.S. Supreme Court Brown v. FelsenSearch
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U.S. 127 (1979) Brown v. FelsenSearch
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Loal Loan Co. v. HuntSearch
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Montana v. UnitedSearch
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parties, regardless of whether they were asserted or determined in the prior proceeding. Chicot County Drainage Dist. v. BaxterSearch
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he is now barred from litigating matters that could have been concluded in the consent judgment. See United States v. ArmourSearch
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entertained by the courts. For example, this case is readily distinguishable from Chicot County Drainage Dist. v. BaxterSearch
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to be due him. A substantial minority of state court decisions, particularly those following Fidelity & Casualty Co. v. GolomboskySearch
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p. 1650.1 (14th ed.1978). For example, in Davis v. AetnaSearch
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court has expressly refused to embroil itself in an advisory adjudication of this kind. See Pioneer Finance Thrift Co. v. PowellSearch
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to judgment should not bar further inquiry into the true nature of the debt. Cf. Hargadine-McKittrick Dry Goods Co. v. HudsonSearch
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CA4 1976). Two Circuits held that extrinsic evidence was admissible under pre-1970 law. See Martin v. RosenbaumSearch
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In re Johnson, 323 F.2d 574 (CA3 1963). But cf. Chernick v. UnitedSearch
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in dictum, indicated that extrinsic evidence could be admitted in a proceeding under the 1867 Bankruptcy Act. Strang v. BradnerSearch
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circumstances, permits a creditor to have a tortious judgment debtor imprisoned at the creditor's expense. See Hershey v. PeopleSearch
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See United States Credit Bureau v. ManningSearch
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Welsh v. OldSearch
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Levin v. SingerSearch
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Fireman's Fund Indemnity Co. v. CarusoSearch
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Durrett v. SmithSearch
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Other States, however, continued to apply res judicata, and refused to admit additional evidence. See Miller v. RushSearch
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Security National Bank v. BoccioSearch
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Universal C.I.T. Credit Corp. v. WoodmanseeSearch
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Beehive State Bank v. BuntineSearch
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Northey v. VandermarkSearch
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predating Golombosky are close to unanimity in adhering to res judicata. See Aetna Casualty & Surety Co. v. SentillesSearch
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Rice v. GuiderSearch
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Ehnes v. GenerazzoSearch
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Scott v. CornSearch
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Annot., 170 A.L.R. 368 (1947). But see Gehlen v. PattersonSearch
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collateral estoppel treats as final only those questions actually and necessarily decided in a prior suit. Montana v. UnitedSearch
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Parklane Hosiery Co. v. ShoreSearch
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Cromwell v. CountySearch
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context, the Court has held that a bankruptcy court should give collateral estoppel effect to a prior decision. Heiser v. WoodruffSearch
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U.S. Supreme Court Brown v. FelsenSearch
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Chicot County Drainage Dist. v. BaxterSearch
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See United States v. ArmourSearch
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Fidelity & Casualty Co. v. GolomboskySearch
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Davis v. AetnaSearch
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See Pioneer Finance Thrift Co. v. PowellSearch
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Cf. Hargadine-McKittrick Dry Goods Co. v. HudsonSearch
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See Martin v. RosenbaumSearch
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Chernick v. UnitedSearch
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Bankruptcy Act. Strang v. BradnerSearch
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See Hershey v. PeopleSearch
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See Miller v. RushSearch
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See Aetna Casualty & Surety Co. v. SentillesSearch
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Gehlen v. PattersonSearch
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