Drittel v. Friedman

FRANK, Circuit Judge.

1. In so. far as the appeal relates to the counterclaim, we may entertain it, since the counterclaim sought an injunction. Defendants’ suggestion that we “search the record,” and thus determine the validity of plaintiff’s claim, is an oblique suggestion that we review the order denying defendants’ motion for summary judgment. But such an order is not, appealable.

2. Except as to two items, noted below, the state court judgment was res judicata barring the counterclaim. For necessarily within the issues which could have been litigated in the state court action, under…