H. Burton Bates, Jr. v. Malcolm B. Devers

Summary

The court held that the executors' claim for breach of the October 1968 agreement was not barred by collateral estoppel or res judicata. Collateral estoppel was inapplicable because Devers sought to preclude an entire cause of action rather than a litigated issue, and the agreement and its essential issues had not been presented to or decided by the federal court. Res judicata-bar also did not apply because the 1968 agreement created distinct contractual rights, the claim was not shown to have been mandatory in the federal action, and the federal court's preliminary waiver orders did not dismiss the claim with prejudice.