JOHN R. BROWN, Circuit Judge.
The question here is whether, by res judicata or estoppel by judgment, a consent judgment against a railroad in a prior action by survivors of a truck driver operates as a bar in favor of the driver's employer, the truck company, when it is sued for damage to railroad property. The District Court held that it was a bar. We disagree and reverse.
The judgment appealed from recites that it was on the pleadings. But in actuality the...
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