Legal Opinion
Ornstein v. Regan
Court of Appeals for the Second Circuit
Decided April 4, 1978No. 377, Docket 77-7307PublishedCited by 14 opinions
1Opinion of the Court
WYATT, District Judge:
This is an appeal from a judgment of the District Court for the Eastern District of New York (Costantino, J.), granting a motion by defendants for summary judgment and dismissing the complaint as barred by the principle of res judicata.
The question here is whether appellant actually litigated in the state courts the issue that the time limitation on his claim for accident disability retirement is unconstitutional. The court below decided that he had and that the decision against him in the state courts barred his action in a federal District Court. We disagree. We…
2Cases cited15 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Perry v. SindermannSupreme Court of the United States · 1972
- Monroe v. PapeSupreme Court of the United States · 1961
- John F. Lombard v. The Board of Education of the City of New York, and John A. Murphy,defendants-AppelleesCourt of Appeals for the Second Circuit · 1974
- 12 Fair empl.prac.cas. 836, 11 Empl. Prac. Dec. P 10,755 Jane Monell v. Department of Social Services of the City of New York, DefendantsCourt of Appeals for the Second Circuit · 1976
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Powell v. WardDistrict Court, S.D. New York · 1980
- Gargiul v. TompkinsCourt of Appeals for the Second Circuit · 1983
- Powell v. WardCourt of Appeals for the Second Circuit · 1981
- L. Paul Dieffenbach, Jr. v. Attorney General of Vermont, Hazel M. Stevenson, Robert B. Young, First National Bank of Orwell, Inc.Court of Appeals for the First Circuit · 1979
- Ohland v. City of MontpelierDistrict Court, D. Vermont · 1979
9 more not listed; retrieve them via the Exa API.