federated department stores moitie argued march decided june seven private antitrust actions including separate actions respondents brought plaintiffs seeking represent classes retail purchasers petitioners owners various department stores alleged price fixing actions consolidated federal district dismissed failure allege injury plaintiffs business property within meaning clayton act plaintiffs five actions appealed respondents chose instead refile two actions state making allegations similar made prior complaints petitioners removed new actions district dismissed doctrine res judicata respondents appealed intervening decision reiter sonotone appeals thereafter reversed remanded five cases initially decided respondents first actions later reversed district dismissal respondents subsequent actions appeals held respondents position closely interwoven successfully appealing parties doctrine res judicata must give way public policy simple justice held res judicata bars relitigation unappealed adverse judgments respondents claims res judicata consequences final unappealed judgment merits altered fact judgment may wrong rested legal principle subsequently overruled another case general equitable doctrine countenances exception finality party failure appeal merely rights closely interwoven another party successfully appeals cf reed allen principle law equity sanctions rejection salutary principle res judicata basis simple justice public policy doctrine res judicata mere matter practice procedure rule fundamental substantial justice public policy private peace cordially regarded enforced courts hart steel railroad supply pp reversed remanded rehnquist delivered opinion burger stewart white powell stevens joined blackmun filed opinion concurring judgment marshall joined post brennan filed dissenting opinion post jerome chapman argued cause petitioners briefs abe krash paul fitting charles miller eugene gordon john grosz bernard persky john curran ladd jerrold offstein argued cause filed brief respondents justice rehnquist delivered opinion question presented case whether appeals ninth circuit validly created exception doctrine res judicata held res judicata bar relitigation unappealed adverse judgment plaintiffs similar actions common defendants successfully appeal judgments disagree view taken appeals ninth circuit reverse brought antitrust action petitioners owners various department stores alleging violated sherman act agreeing fix retail price women clothing sold northern california seven parallel civil actions subsequently filed private plaintiffs seeking treble damages behalf proposed classes retail purchasers including respondent moitie state moitie respondent brown brown district northern district california complaints tracked almost verbatim allegations government complaint though moitie complaint referred solely state law actions originally filed district assigned single federal judge moitie case removed basis diversity citizenship jurisdiction district dismissed actions entirety ground plaintiffs alleged injury business property within meaning clayton act weinberg federated department stores supp plaintiffs five suits appealed judgment appeals ninth circuit single counsel representing moitie brown however chose appeal instead refiled two actions state moitie ii brown ii although complaints purported raise claims made allegations similar made prior complaints including government petitioners removed new actions district northern district california moved dismissed ground res judicata decision rendered july district first denied respondents motion remand held complaints though artfully couched terms state law many respects identical prior complaints thus properly removed federal raised essentially federal law claims concluded moitie ii brown ii involved parties alleged offenses time periods moitie brown doctrine res judicata required dismissed time moitie brown appealed pending appeal june decided reiter sonotone holding retail purchasers suffer injury business property terms used clayton act june appeals ninth circuit reversed remanded five cases decided moitie brown cases appealed proceedings light reiter moitie ii brown ii finally came appeals ninth circuit reversed decision district dismissing cases though recognized strict application doctrine res judicata preclude review instant decision refused apply doctrine facts case observed five litigants weinberg cases successfully appealed decision asserted parties may benefit reversal position closely interwoven appealing parties concluded ecause instant dismissal rested case effectively overruled doctrine res judicata must give way public policy simple justice granted certiorari consider validity appeals novel exception doctrine res judicata ii little added doctrine res judicata developed case law final judgment merits action precludes parties privies relitigating issues raised action commissioner sunnen cromwell county sac res judicata consequences final unappealed judgment merits altered fact judgment may wrong rested legal principle subsequently overruled another case angel bullington chicot county drainage district baxter state bank wilson executor deen explained baltimore phillips erroneous conclusion reached first suit deprive defendants second action right rely upon plea res judicata judgment merely voidable based upon erroneous view law open collateral attack corrected direct review bringing another action upon cause action observed indulgence contrary view result creating elements uncertainty confusion undermining conclusive character judgments consequences purpose doctrine res judicata avert reed allen case appeals conceded strict application doctrine res judicata required brown ii dismissed presumably meant technical elements res judicata satisfied namely decision brown final judgment merits involved claims parties brown ii however declined dismiss brown ii view unfair bar respondents relitigating claim closely interwoven successfully appealing parties believe unprecedented departure accepted principles res judicata unwarranted indeed decision foreclosed prior case law reed allen supra addressed issue presented case involved dispute rights property left interpleader action rents derived property appeal pending brought ejectment action rival claimant basis decree interpleader suit ejectment action appeal judgment prevailed earlier appeal interpleader decree awarded rents collected sought bring ejectment action latter pleaded res judicata based previous successful ejectment action held res judicata available defense property belonged judgment ejectment action final open assault collaterally subject impeachment form direct attack appellate limited review interpleader decree hardly necessary say jurisdiction review one judgment gives appellate power reverse modify another independent judgment respondent addition appealing interpleader decree appealed ejectment judgment appellate cases might afforded remedy course respondent neglected follow appeals also rested opinion part viewed simple justice see grave injustice done application accepted principles res judicata simple justice achieved complex body law developed period years evenhandedly applied doctrine res judicata serves vital public interests beyond individual judge ad hoc determination equities particular case simply principle law equity sanctions rejection federal salutary principle res judicata heiser woodruff appeals reliance public policy similarly misplaced long recognized ublic policy dictates end litigation contested issue shall bound result contest matters tried shall considered forever settled parties baldwin traveling men stressed doctrine res judicata mere matter practice procedure inherited technical time rule fundamental substantial justice public policy private peace cordially regarded enforced courts hart steel railroad supply language used half century ago even compelling view today crowded dockets predicament respondent finds making expected sole relief upset general doctrine res judicata conceived light maxim interest state requires end litigation maxim comports common sense well public policy mischief follow establishment precedent disregarding salutary doctrine prolonging strife greater benefit result relieving case individual hardship reed allen unnecessary reach issue enough decision brown res judicata respondents claims accordingly judgment appeals reversed cause remanded proceedings consistent opinion ordered footnotes appeals also affirmed district conclusion brown ii properly removed federal reasoning claims presented federal nature agree least claims sufficient federal character support removal one treatise puts courts permit plaintiff use artful pleading close defendant right federal forum occasionally removal seek determine whether real nature claim federal regardless plaintiff characterization wright miller cooper federal practice procedure pp citing cases omitted district applied settled principle facts case extensive review analysis origins substance two brown complaints found appeals expressly agreed respondents attempted avoid removal jurisdiction artful ly casting essentially federal law claims claims question factual finding see prospect dairy dellwood dairy supp ndny wiring device antitrust litigation supp edny three farms alton box board trade cases sc rev grounds cert denied dismissal failure state claim federal rule civil procedure judgment merits see angel bullington bell hood decision also conflicts courts appeals holding adverse judgment appeal taken res judicata bars future action claim even authoritative contrary judicial decision legal issues involved subsequently rendered another case national association broadcasters fcc app generally accepted rule civil cases less several appeal adverse judgment reversal parties appealing necessitate justify reversal parties appealing clouatre houston fire cas appleton toy furniture lehman ripperger allyn cert denied justice blackmun justice marshall joins concurring judgment agree result reached case write separately state views two points first one close door upon possibility cases doctrine res judicata must give way appeals referred overriding concerns public policy simple justice professor moore noted res judicata occasionally qualified overriding competing principle public policy occasionally needs equitable tempering moore currier moore federal practice omitted see also reed allen cardozo joined brandeis stone dissenting system procedure perverted proper function multiplies impediments justice without warrant clear necessity case clearly one equity requires doctrine give way unlike nonappealing party reed respondents caught mesh procedural complexities ibid instead made deliberate tactical decision appeal public policy served making exception doctrine case contrary special need strict application res judicata complex multiple party actions sort discourage litigation cf reiter sonotone finally case rights appealing parties interwoven dependent require reversal whole judgment part thereof reversed see ford motor credit uresti tex civ app second contrast flatly hold brown res judicata respondents claims like district appeals found claims simply disguised federal claims since respondents judgment argument case remanded state barred res judicata important even state federal claims distinct respondents failure allege state claims brown manifestly bars allegation brown ii dismissal brown res judicata claims respondents actually raised also claims raised see commissioner sunnen restatement second judgments tent draft mar since reason believe clear outset litigation district declined exercise pendent jurisdiction state claims respondents obligated plead claims wished preserve see comment hold claims barred appeals reliance uresti kvenild taylor wyo estate mcdill cal appears clearly misplaced unlike cases one appealing nonappealing parties made competing claims single piece property see mcdill reversal appealing party unjustly left nonappealing party liable see kvenild without recourse see uresti justice brennan dissenting eagerness correct decision appeals ninth circuit today disregards statutory restrictions jurisdiction process confuses rather clarifies principles res judicata therefore respectfully dissent respondent floyd brown filed class action brown ii petitioners california state complaint stated four causes action fraud deceit unfair business practices civil conspiracy restitution plaintiffs complaint app alleged less damages per class member addition sought appropriate multiple damages exemplary punitive damages interest date injury attorney fees costs relief four causes action rested wholly california statutory common law none rested fashion federal law nonetheless petitioners removed suit district northern district california respondent brown filed motion remand ground action raised federal question within meaning respondent motion denied district stated rom start finish plaintiffs essentially alleged violations defendants federal antitrust laws app reasoned rtful pleading plaintiffs convert essentially federal law claims state law claims held respondent complaint properly removed concerned federal questions originally brought federal district without satisfying minimum amount controversy ibid dismissed action holding doctrine res judicata brown ii barred adverse decision earlier suit federal brown involving parties alleged offenses time periods ibid appeals affirmed district decision remand stating correctly held claims presented federal nature memorandum denial reconsideration however appeals reversed district order dismissal remanded trial ii provision authorizing removal actions state federal courts basis federal question found civil action district courts original jurisdiction founded claim right arising constitution treaties laws shall removable without regard citizenship residence parties important corollary party brings suit master decide law rely upon therefore determine whether bring suit arising law allegations complaint fair kohler die specialty accord great northern alexander plaintiff claim might brought either federal state law plaintiff normally free ignore federal question rest claim solely state ground defendant general right removal jones general tire rubber la chemise lacoste alligator cert denied warner records ridges distributing coditron afa protective systems supp sdny corollary well grounded principles federalism long retain authority legislate subject areas congress legislated without field long state courts remain preferred forum interpretation enforcement state law plaintiffs must permitted proceed state state law violence state autonomy defendants able remove state claims federal merely plaintiff asserted federal claim based set facts underlying state claim stated shamrock oil gas sheets power reserved constitution provide determination controversies courts may restricted action congress conformity judiciary articles constitution due regard rightful independence state governments actuate federal courts requires scrupulously confine jurisdiction precise limits statute defined quoting healy ratta plaintiff right relief either federal law state law independent source right federal removal proceedings may generally look beyond face initial pleading state action determine whether federal question presented certain areas however option longer available congress deemed federal substantive law altogether preempt supplant state law case congress explicitly said exclusive source plaintiff right relief federal law unacceptable permit plaintiff artful manipulation terms complaint defeat clearly enunciated congressional objective hearst shopping center network supp sdny emphasis original citation omitted lawsuit concerns area antitrust federal laws displaced state law see generally mosk state antitrust enforcement coordination federal enforcement antitrust section thus respondent brown option proceeding state federal law far apparent complaint carefully limited four california causes action case arises wholly without reference federal law settled principles federal jurisdiction therefore respondent lawsuit removed federal see gully first national bank meridian today nonetheless sustains removal action ground least claims sufficient federal character support removal ante understand means claims federal character claims federal character view predicated solely california law certainly none purports state claim federal antitrust laws mere fact plaintiffs might chosen proceed clayton act surely suffice transmute state claims federal claims relies calls factual finding district appeals agreed respondents attempted avoid removal jurisdiction artful ly casting essentially federal law claims claims ibid amounts pejorative characterization respondents decision proceed state rather federal law artful respondents complaints based claim federal right immunity therefore removable iii even assuming lower federal courts jurisdiction decide case however dissent disposition res judicata issue reached assume jurisdiction inexplicably recoils deciding case finds unnecessary reach question res judicata effect brown respondents claims ante emphasis original enough decision says brown res judicata respondents claims ibid respondents raised claims respondents raise claims thus fails decide disposition respondents claims decides nothing introduces possibility heretofore foreclosed decisions unarticulated theories recovery may survive unconditional dismissal lawsuit like justice blackmun hold dismissal brown res judicata every matter actually litigated also every ground theory recovery might also presented see ante opinion concurring judgment moore currier moore federal practice unqualified dismissal merits substantial federal antitrust claim precludes relitigation claim theory woods exploration producing aluminum america cert denied ford motor superior cal app cal rptr see restatement second judgments reporter note illustration comment pp tent draft mar failure acknowledge basic principle create doubts confusion none may encourage litigants split causes action state federal hope might win second day therefore respectfully dissent vacate judgment appeals instructions remand district instructions remand state since action respondent moitie voluntarily dismissed remaining issues concern claims respondent brown district acknowledged brown ii removed basis diversity citizenship amount controversy exceed app correctly noted however action removed without regard amount controversy brought original action federal without meeting minimum amount controversy ibid actions clayton act may brought federal without regard amount controversy see also pub stat supp iv note following repeal minimum amount controversy cases pending date enactment context often said plaintiff may fraudulently defeat removal manipulation complaint see sheeran general electric jones general tire rubber see also great northern alexander however state federal laws support claim makes little sense suggest plaintiff acts fraudulently chooses proceed state law state rather federal law federal see romick bekins van storage indeed admits additional claims brown ii included brown unfair competition fraud restitution claims ante district consider conclusion factual finding included section district opinion devoted legal analysis section entitled facts compare app event conclusion concerning legal character complaint hardly considered factual finding decisions cited support approach district courts inapplicable wiring device antitrust litigation supp edny three farms alton box board trade cases sc rev grounds cert denied cases state confined application state antitrust laws purely intrastate commerce thus leaving federal law sole basis suit similarly prospect dairy dellwood dairy supp ndny concerned claim unfair labor practice governed exclusively federal law see teamsters morton admittedly courts strictly observed restrictions removal jurisdiction see carter cert denied sub nom sheet metal workers carter wright miller cooper federal practice procedure pp reports occasionally removal seek determine whether real nature claim federal regardless plaintiff characterization omitted perusal cited decisions however reveals correctly confine practice areas law federal substantive law see brown felsen munsingwear commissioner sunnen chicot county drainage district baxter state bank cromwell county sac