Opinion
No. 4855.
August 5, 1932.
Appeal from the District Court of the United States for the District of New Jersey; Guy L. Fake, Judge.
Action between the Harrison Beverage Company, Incorporated, and Samuel O. Wynne, Supervisor of Permits for the Third District, and others. From the decree, the Supervisor of Permits and others appeal.
Affirmed.
Phillip Forman, U.S. Atty., of Trenton, N.J., and Richard H. Woolsey and Edward C. Dougherty, both of Philadelphia, Pa., for appellants.
Harold Simandl, of Newark, N.J., for appellee.
Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.
The matter of a 1931 permit in the Harrison Beverage Company Case (C.C.A.) 59 F.2d 734 (No. 115 on the List), becoming moot, we dismissed the appeal without qualification. That dismissal left the judgment below intact. That judgment was dispositive not only of the questions there decided, but of the facts on which they were decided. Those facts, we understand on the appellants' concession, are the sole facts in the case on this appeal, being No. 4855 (No. 116 on the List), concerning a 1932 permit. That being true, then under the law, particularly as stated in Interboro Beverage Corporation v. Doran (C.C.A.) 52 F.2d 35, 36, the first decree amounts to a judgment of estoppel on the facts. It follows that facts in that case cannot be reconsidered in disposing of this case.
We are therefore constrained, under the cases, to affirm the decree for want of new evidence to show that the court was wrong.