Legal Opinion
James E. Duncan v. Mr. & Mrs. Harold Peck, Highlands Coal & Chemical Corp.
Court of Appeals for the Sixth Circuit
Decided January 16, 1985No. 83-3790PublishedCited by 42 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
In this Fourteenth Amendment claim under 42 U.S.C. § 1983, plaintiff Duncan seeks compensatory and punitive damages from Harold Peck and wife and Highlands Coal and Chemical Corporation for depriving him of property without due process under an Ohio state court default judgment and a writ of execution thereon. Duncan claims that both the judgment and the execution are invalid for lack of notice and personal jurisdiction. We reverse the District Court summary judgment for the defendants holding that Duncan’s § 1983 action is barred under res judicata by a prior adverse…
2Cases cited21 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Shaffer v. HeitnerSupreme Court of the United States · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Gutierrez v. LynchCourt of Appeals for the Sixth Circuit · 1987
- Sarah Lee v. Ohio Educ. Ass'nCourt of Appeals for the Sixth Circuit · 2020
- Forry, Inc. v. Neundorfer, Inc. And Michael NeundorferCourt of Appeals for the Sixth Circuit · 1988
- Roger D. Osborn v. Ashland County Board of Alcohol, Drug Addiction and Mental Health ServicesCourt of Appeals for the Sixth Circuit · 1992
- Harris v. Byard (In Re Byard)United States Bankruptcy Court, M.D. Tennessee · 1985
37 more not listed; retrieve them via the Exa API.