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As Professor Burbank says, there is a good case for the proposition
that the Enabling Act' does not embrace the subject of resjudicata.
From this proposition he concludes that the subject of res
judicata must be embraced by the Rules of Decision Act, except of
course to the extent that in specific contexts the matter of res judicata
may be embraced by federal statute. Aside from such exceptions,
so Professor Burbank's argument goes, since the Rules of
Decision Act calls generally for state law "rules of decision," it follows
that state law governs the res judicata effect of a federal judgment
in an action wherein a federal court has adjudicated rights
based on state law.
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