VILES v. SYMES

No. 2481.

129 F.2d 828 (1942)

VILES v. SYMES et al.

Circuit Court of Appeals, Tenth Circuit.

August 3, 1942.


Attorney(s) appearing for the Case

Edmond L. Viles, pro se appellant.

William H. Scofield, of Denver, Colo., for appellees.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

Two questions were decided by the trial court and are presented here on appeal: (1) whether the court has jurisdiction of the subject matter as one arising under the Constitution and laws of the United States, cognizable in the courts of the United States, and (2) if Federal jurisdiction is present, is a "judgment as of nonsuit" by a Colorado court involving the same subject matter and parties res judicata? The trial court denied Federal jurisdiction...

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