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FIRST CONG. CH. & SOC. OF BURLINGTON v. EVANGELICAL & R. CH.

198 F.Supp. 677 (1961)

FIRST CONGREGATIONAL CHURCH AND SOCIETY OF BURLINGTON, IOWA et al., Plaintiffs, v. EVANGELICAL AND REFORMED CHURCH et al., Defendants, John T. Beach, as Treasurer of the National Council of Congregational Churches et al., added Defendants.

United States District Court S. D. New York.

March 31, 1961.

Attorney(s) appearing for the Case

Davies, Hardy & Schenk, New York City, for plaintiffs; Kenneth Greenawalt, New York City, Robert C. Heaney, Grand Rapids, Mich., Thomas Adams, New York City, William K. Van'thof, Grand Rapids, Mich., of counsel.

Wood, France & Tully, New York City, for Congregational Christian, defendants; David W. Peck, Loren T. Wood, John T. Redmond, New York City, of counsel.

Mudge, Stern, Baldwin & Todd, New York City, for defendant Evangelical & Reformed Church; Paul D. Miller, New York City, Walter W. Kocher, New York City, John W. Mullen, Washington, D. C., of counsel.

Goldstein, Judd & Gurfein, New York City, for American Board of Commissions for Foreign Missions; Orren G. Judd, New York City, of counsel.

DIMOCK, District Judge.

In this case I have directed a separate trial of the issue of res judicata and collateral estoppel (hereinafter for brevity referred to as "res judicata") with the thought that it might possibly eliminate the necessity for a trial on the merits. Defendants have rested in their presentation of their affirmative case in support of their defense of res judicata. Plaintiffs have moved for a ruling that defendants have not made out a prima facie...

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