Legal Opinion

Ripperger v. A. C. Allyn & Co.

Court of Appeals for the Second Circuit

Decided July 15, 1940No. 406PublishedCited by 44 opinions

1Opinion of the Court

SWAN, Circuit Judge.

This appeal is submitted upon an agreed ' statement pursuant to Rule 76, Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c. The question presented is whether the court erred in holding that orders of dismissal for lack of jurisdiction on the ground of im~proper venue entered in a prior suit on the same cause of action and in the same court require dismissal of the present suit as against the appellees on the principle of res judicata.

The facts are briefly as follows: In 1938 the plaintiff, as receiver of United States Electric Power Corporation,…

2Cases cited11 opinions

  1. Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
  2. Sunshine Anthracite Coal Co. v. AdkinsSupreme Court of the United States · 1940
  3. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  4. Baldwin v. Iowa State Traveling Men's Assn.Supreme Court of the United States · 1931
  5. American Surety Co. v. BaldwinSupreme Court of the United States · 1932

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3Cited by44 opinions

  1. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  2. Precision Air Parts, Inc. v. Avco CorporationCourt of Appeals for the Eleventh Circuit · 1984
  3. York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
  4. Epperson v. Entertainment Express, Inc.Court of Appeals for the Second Circuit · 2001
  5. Thomas O. Spampinato v. The City of New York and Guenther E. WinklerCourt of Appeals for the Second Circuit · 1962

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