The following excerpt is from United States v. Zane, 495 F.2d 683 (2nd Cir. 1974):
5 The courts have applied the principles of res judicata in appropriate instances as when the verdict of acquittal in a conspiracy trial constituted a necessary "determination favorable to petitioner of the facts essential to conviction of the substantive offense." Sealfon v. United States, 332 U.S. 575, 578, 579, 68 S.Ct. 237, 92 L.Ed. 180 (1948); United States v. Kramer, 2 Cir., 289 F.2d 909 (1961).
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