Civil Procedure Keyed to Field
Williamson v. Columbia Gas & Electric Corp.
Plaintiff sued Defendant along with other parties for conspiring to violate the antitrust sections of the Sherman Act. While this suit was pending, Plaintiff filed a second suit, against Defendant alone, alleging antitrust violations of the Clayton Act. Defendant raised a statute of limitations defense in this second action and the suit was dismissed. Defendant then filed a motion in the first case asking to have the complaint dismissed based on res judicata. The court found that the parties in the two actions were substantially the same and that the same operative facts and damages were being litigated in both suits and granted the motion to dismiss. Plaintiff appealed, arguing that the first suit involved additional defendants and that the two suits involved two different causes of action and two different statutes.
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