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Koblitz v. Baltimore and Ohio Railroad Co.

UNITED STATES COURT OF APPEALS SECOND CIRCUIT.


decided: April 28, 1959.

MILTON S. KOBLITZ, PLAINTIFF-APPELLANT,
v.
BALTIMORE AND OHIO RAILROAD COMPANY, DEFENDANT-APPELLEE.

Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.*fn*

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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