[DOWNLOAD] "Kale v. Combined Insurance Co." by United States Court of Appeals for the First Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Kale v. Combined Insurance Co.
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 26, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Order OF COURT The petition for rehearing en banc filed by plaintiff-appellant Carl Kale is, under this court's internal operating procedures, considered both by the panel and by the full court. Panel rehearing is hereby denied for the following reasons. Appellant's argument that his second action should survive because his pendent state-law claim in the first action was dismissed ""without prejudice"" was adequately answered in the panel opinion at pp. 1167. Appellant's claim that the res judicata effect of that language was broader than the panel indicated overlooks that appellee, having won, could not appeal the ""without prejudice"" dismissal and thus could not be bound by that characterization to the extent urged by appellant. See In re Public Serv. Co., 898 F.2d 1, 2 (1st Cir. 1990) (""a party cannot appeal a judgment entered in its own favor""); Bath Iron Works Corp. v. Coulombe, 888 F.2d 179, 180 (1st Cir. 1989) (similar); see also Sierra Club v. Marsh, 907 F.2d 210, 213 (1st Cir. 1990) (""appellant, having prevailed, could not have appealed [the order]"").