Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 49

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          reconsideration of the earlier rulings.  Id. at 1385.  The court            
          found that the stakes were much higher with respect to                      
          retroactive relief and that in the prior cases, HUD did not have            
          much incentive to appeal the District Court determinations.  Id.            
          The significance of the earlier determinations was not                      
          sufficiently foreseeable to justify the application of collateral           
          estoppel.  Id.  The court concluded that it would have been                 
          inequitable to bar HUD from litigating the issue.  Id.                      
               Considering the practical realities of the case at hand,               
          application of collateral estoppel would produce an unjust result           
          because it would enable petitioner to employ its change of                  
          position to prevent respondent from ever litigating the Court’s             
          jurisdiction.  In paragraph 9 of the stipulation of settled                 
          issues, petitioner expressly conceded the jurisdictional issue it           
          now raises; until this proceeding petitioner never indicated that           
          it was changing its mind.  Respondent clearly did not have the              
          opportunity or the inclination to litigate this Court’s                     
          jurisdiction in the bankruptcy court.  Based on the stipulation,            
          respondent reasonably believed any challenge to the Court’s                 
          jurisdiction was settled and had no reason to foresee                       
          petitioner’s change of position and raise the issue in the                  
          bankruptcy court.  Yet petitioner now contends respondent is                
          collaterally estopped from litigating the nonrebate issue, the              
          centerpiece of petitioner’s jurisdictional argument.  Since the             






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