Opinion · Court of Appeals for the Fifth Circuit
John v. Holmes v. United States of America
353 F.2d 785
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1966-02-23
- Topic
- general
How later courts describe this case
- court, apparently on own motion, took judicial notice of prior proceedings and applies res judicata on defendants' motion for summary judgment
Citator
UpLaw has not yet analyzed John v. Holmes v. United States of America. The absence of a flag is not a finding that it is good law.
- Cited by
- 7 opinions
This suit was filed in the District Court for the Northern District of Georgia. All the essential elements of the controversy had thrice been litigated and decided in Oklahoma, (Securities and Exchange Commission v. Bond and Share Corp., D.C., 229 F.Supp. 88) and North Carolina (Holmes v. Eddy, 4 Cir, 341 F.2d 477). When this was appropriately raised in the Court below there was summary judgment for Defendants by application of the rule of res adjudicata.
This determination, 231 F.Supp. 971, was correct.
Commissioner of Internal Revenue v. Sunnen (1948) 333 U.S. 591, 68 S.Ct. 715, 92 L.Ed. 898. Baltimore S.S. Co. v. Phillips (1927) 274 U.S. 316, 47 S.Ct. 600, 71 L.Ed. 1069. Matthews v. Wolvin, 5 Cir., 266 F.2d 722, and Estevez v. Nabers, 5 Cir, 219 F.2d 321.
Affirmed.