Legal Opinion

Loretta E. Rogoski v. City of Muskegon

Court of Appeals for the Sixth Circuit

Decided April 7, 1977No. 76-1812PublishedCited by 3 opinions

1Per curiam

This appeal presents the question of whether a final judgment by a Michigan State court in an eminent domain proceeding is res judicata as applied to a federal court action undertaking to recover additional compensation for the taking of the same property. District Judge Wendell A. Miles held that the federal court suit was barred by the doctrine of res judicata and dismissed the action on the pleadings. The property owner appeals. The case was submitted to this court on briefs by stipulation of the parties. We affirm.

In January 1971 the City of Muskegon instituted condemnation proceedings in…

2Cases cited9 opinions

  1. Thomas E. Foster and Georgia Lee Foster, and Cross-Appellants v. City of Detroit, Michigan, and Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1968
  2. In Re Urban Renewal, Elmwood Park ProjectMichigan Supreme Court · 1965
  3. Fed. Sec. L. Rep. P 92,897 Ed N. Harrison and William P. Johnston, Trustee v. Bloomfield Building Industries, Inc.Court of Appeals for the Sixth Circuit · 1970
  4. Muskegon Theatres, Inc., a Michigan Corporation v. City of Muskegon, a Municipal Corporation, and the Amazon Company, a Michigan CorporationCourt of Appeals for the Sixth Circuit · 1974
  5. Thom v. State Highway CommissionerMichigan Supreme Court · 1965

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3Cited by3 opinions

  1. Pactive Corp. v. Dow Chemical CompanyCourt of Appeals for the Federal Circuit · 2006
  2. Banco Do Brasil v. City Nat. BankDistrict Court of Appeal of Florida · 1992
  3. City of Cleveland v. Cleveland Electric Illuminating Co.District Court, N.D. Ohio · 1980

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