Legal Opinion

James W. Herendeen v. Champion International Corporation

Court of Appeals for the Second Circuit

Decided November 10, 1975No. 52, Docket 75-7083PublishedCited by 93 opinions

1Opinion of the Court

WATERMAN, Circuit Judge:

This appeal is from an order of Judge MacMahon of the Southern District of New York dismissing James Herendeen’s complaint against the appellees, Champion International Corporation (“Champion”), Nationwide Papers Incorporated (“Nationwide”) and the trustees and administrator of the Retirement Income Plan for Salaried Employees of Certain Subsidiaries of U.S. Plywood — Champion Papers, Inc., the (“Plan”), on the ground that the matters complained of were res judicata. The court concluded that the issues set forth in plaintiff’s complaint had been previously decided in a…

2Cases cited9 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Cromwell v. County of SacSupreme Court of the United States · 1877
  3. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  4. Secor v. . SturgisNew York Court of Appeals · 1858
  5. Smith v. KirkpatrickNew York Court of Appeals · 1953

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3Cited by93 opinions

  1. 12 Collier bankr.cas.2d 899, Bankr. L. Rep. P 70,345 in Re Teltronics Services, Inc., Debtor. Anaconda-Ericsson Inc., as Successor by Merger to Lm Ericsson Telecommunications, Inc. v. Jules J. Hessen, as Trustee in Bankruptcy of Teltronics Services, Inc., Michael M. Rand and Gregory T. Frese, Teltronics Services, Inc., and Edward M. Beagan v. Anaconda-Ericsson Inc., Lm Ericsson Telephone Company, and Ericsson Telecomm, Inc.Court of Appeals for the Second Circuit · 1985
  2. Westwood Chemical Co., Inc. v. Richard W. Kulick, Arthur Fletcher, and Lenape Chemicals, Inc., Garry B. Curtiss and Joseph Drasner, Movants-AppelleesCourt of Appeals for the Sixth Circuit · 1981
  3. Brown Media Corporation v. K&L Gates, LLPCourt of Appeals for the Second Circuit · 2017
  4. Thelma DAVIS v. UNITED STATES STEEL SUPPLY, DIVISION OF UNITED STATES STEEL CORPORATION, AppellantCourt of Appeals for the Third Circuit · 1982
  5. Expert Electric, Inc. v. LevineCourt of Appeals for the Second Circuit · 1977

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