Court of Appeals for the First Circuit August 21, 1975, 75-1197 (First American Bank & Trust Company v. G. W. Ellwein, Commissioner, Etc.)

VAN OOSTERHOUT, Senior Circuit Judge.

Plaintiff, First American Bank and Trust Company (FAB), a North Dakota corporation, has taken a timely appeal from final order of a three-judge district court dismissing its complaint upon the basis of res

judicata

by reason of plaintiff’s prior litigation in North Dakota state courts of the federal constitutional questions raised.