Benson And Ford, Inc. v. Wanda Petroleum Co
833 F.2d 1172 (5th Cir. 1987)
Nature of the Case
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Facts
Wanda (D) was dismissed from Benson's (P) suit in that P's claims were precluded by a prior judgment in a case where P was not a party. In the prior case, Shelby sued D alleging various antitrust claims. During the pendency of that litigation, P filed a separate suit alleging the same antitrust claims against the same defendants in the Shelby case. P voluntarily appeared to testify as a witness for Shelby. The jury found against Shelby on all its theories and after that verdict D moved for a summary judgment against P in the present suit. D argued that P, who had voluntarily testified, had the same lawyer and asserted the same claims arising from the same facts, was barred from relitigating the issues. The district court granted the motion and issued a Rule 54(b) certificate.
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