The following excerpt is from Boro Hall Corp. v. General Motors Corp., 164 F.2d 770 (2nd Cir. 1947):
2 The issues in Boro Hall Corporation v. General Motors Corporation, 2 Cir., 124 F.2d 822; Id., 2 Cir., 130 F.2d 196, were wholly different; nothing there said is res judicata here.
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