MCGINNIS

v.

UNITED STATES

Citator

Cited By

• Sw. Airlines Co. v. Tex. Int'l Airlines, Inc., 546 F.2d 84 (5th Cir. 1977)
  …is Foundation, 1971, 402 U.S. 313, 329, 91 S.Ct. 1434, 28 L.Ed.2d 788. Although Hansberry involved a class action suit, its due process principles also control res judicata cases. In Humphreys v. Tann, 6 Cir. 1973, 487 F. 2d 666, cert. denied, 1974, 416 U.S. 956, 94 S.Ct. 1970, 40 L.Ed.2d 307, for instance, the Court permitted a plaintiff to sue the owner of an airplane involved in a mid-air collision even [*96] though an earlier suit had relieved the owner of liability. The first suit, to which the plainti…
• Shimman v. Frank, 625 F.2d 80 (6th Cir. 1980)
  …trine of collateral estoppel only applies against a party to the first action. Blonder-Tongue v. Univ. of Ill. Foundation, 402 U.S. 313, 329, 91 S.Ct. 1434, 1443, 28 L.Ed.2d 788 (1971); Humphreys v. Tann, 487 F. 2d 666 (6th Cir. 1973), cert. denied, 416 U.S. 956, 94 S.Ct. 1970, 40 L.Ed.2d 307 (1974). The Supreme Court’s recent decision in Park Lane Hosiery v. Shore, 439 U.S. 322, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979) does not change this fundamental rule. Park Lane Hosiery holds that where it would be fair to…
• Bronson v. Bd. OF Educ. OF the City Sch. Dist. OF Cincinnati, 525 F.2d 344 (6th Cir. 1975)
  …preventing the denial of equal protection of the law to a generation which comes after such a judgment has been rendered may be achieved by applying the rule of “issue preclusion.” See Humphreys v. Tann, 487 F. 2d 666 (6th Cir. 1973), cert. denied, 416 U.S. 956, 94 S.Ct. 1970 (1974); Davis v. McKinnon & Mooney, 266 F. 2d 870 (6th Cir. 1959); Bernhard v. Bank of America, 19 Cal.2d 807, 122 P. 2d 892 (1942). The district court’s order forecloses the plaintiffs from showing that the defendants did, prior to…