Legal Opinion

D'Addino v. Dulles

District Court, E.D. New York

Decided November 3, 1954No. Civ. No. 14368PublishedCited by 5 opinions

1Opinion of the Court

BRUCHHAUSEN, District Judge.

The defendants, by motion returnable on July 7, 1954, herein called the first motion, sought a dismissal of the complaint upon the ground that the Court had no jurisdiction of the action for the following reasons, viz.:(a) The action was founded upon a statute which had been repealed.(b) The complaint attacked the validity of a judgment against the plaintiff in the Southern District Court. A judgment may not be attacked collaterally.(c) The said judgment is res adjudieata as to this action.

Upon the argument of the motion, it was pointed out that the action was…

2Cases cited3 opinions

  1. Hadden v. Rumsey Products, Inc.Court of Appeals for the Second Circuit · 1952
  2. Correia v. DullesDistrict Court, D. Rhode Island · 1954
  3. Gonzalez-Gomez v. BrownellDistrict Court, S.D. California · 1953

3Cited by5 opinions

  1. Florida Evergreen Foliage v. EI Du Pont De Nemours and Co.District Court, S.D. Florida · 2001
  2. Miller & Miller Auctioneers, Inc. v. Ritchie Bros. Auctioneers International, L.P. (In Re Missouri Properties, Ltd.)United States Bankruptcy Court, W.D. Missouri · 1996
  3. Rosasco v. BrownellDistrict Court, E.D. New York · 1958
  4. Ferretti v. DullesDistrict Court, E.D. New York · 1957
  5. Orlassino v. DullesDistrict Court, E.D. New York · 1955

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