Legal Opinion
Stewart Securities Corporation v. Guaranty Trust Company
Court of Appeals for the Tenth Circuit
Decided April 26, 1979No. 76-2067PublishedCited by 18 opinions
1Opinion of the Court
McWILLIAMS, Circuit Judge.
The issue here concerns the effect of a dismissal under Fed.R.Civ.P. 41(b) based on lack of subject matter jurisdiction. The trial court held that, under the doctrine of res judicata, such dismissal barred a second suit in federal district court between the same parties based on the same transaction. Under the circumstances, we agree.
The several plaintiffs in the instant case brought an earlier action in the United States District Court for the Western District of Oklahoma against Guaranty Trust Company, charging a breach of fiduciary duties and seeking to impose a…
2Cases cited10 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
- Hyde Construction Company, Inc. v. Koehring CompanyCourt of Appeals for the Tenth Circuit · 1968
- Luker v. NelsonDistrict Court, N.D. Illinois · 1972
- Ripperger v. A. C. Allyn & Co.Court of Appeals for the Second Circuit · 1940
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Precision Air Parts, Inc. v. Avco CorporationCourt of Appeals for the Eleventh Circuit · 1984
- Matosantos Commercial Corp. v. Applebee's International, Inc.Court of Appeals for the Tenth Circuit · 2001
- Commodity Futures Trading Commission v. Board of Trade of the City of Chicago, and Chicago Mercantile ExchangeCourt of Appeals for the Seventh Circuit · 1983
- Coors Brewing Co. v. Méndez-TorresCourt of Appeals for the First Circuit · 2009
- Ramos González v. Félix MedinaSupreme Court of Puerto Rico · 1988
13 more not listed; retrieve them via the Exa API.