Herman A. Stuhl v. G. Joseph Tauro

CAMPBELL, Circuit Judge.

Plaintiff-Appellant has conceded that the sole issue to be decided is whether the district court erroneously denied plaintiff’s request for a three-judge court. We conclude that the district court was correct in its determination, although we do not find it necessary anew to reach the issue of whether a substantial federal question was presented, preferring instead to rest our decision upon principles of res judicata and direct estoppel.

Plaintiff-Appellant’s complaint, with one addition hereinafter described, is practically identical to one he filed against the same…