Mr. Justice Rutledge, dissenting. This is a hard case making, I think, proverbially bad law. On the surface what seems to be decided is simply a question of res judicata. Actually the decision rests on an “and/or” hodgepodge of res judicata and Erie doctrines. 1 In my judgment the admixture not only is unnecessary but distorts and misapplies both doctrines. I…
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