resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by
holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata