Krock v. Electric Motor & Repair Co.

How later courts describe this case

• taking the position that abstention is proper due solely to the difficulty of the state law question
• 'Glidden, whose effective life was short, has proven to be, under sound law, an unsafe guide and a dim beacon'
• "[W]here litigants have once battled for the court's decision, they should neither be required, nor without good reason permitted, to battle for it again."
• "the `law of the case' does not rigidly bind a court to its former decisions, but is only addressed to its good sense"
• government had right to appeal trial court's suppression order in earlier, aborted prosecution
• “ ‘Finality’ ... may mean little more than that the litigation of a particular issue has reached such a stage that a court sees no really good reason for permitting it to be litigated again.”
• decision stayed until state court ruled on area of unclear state law
• an appeal is to be determined upon the record below