“[A] party bound by the judgment cannot escape its effects by producing a new argument or new evidence in a subsequent action in support of the proposition decided against him.”
How later courts described this case
- “[A] party bound by the judgment cannot escape its effects by producing a new argument or new evidence in a subsequent action in support of the proposition decided against him.”
Written by the judges who cited it.
The opinion
NORTHCOTT, Circuit Judge.
I concur, for the reason that I feel myself bound by the former decision of a majority of this court in Western Maryland Railway Co. v. Commissioner, 33 F.(2d) 695 , in which ease I dissented.