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DAVIS v. McKINNON & MOONEY

No. 13632.

266 F.2d 870 (1959)

John J. DAVIS, Appellant, v. McKINNON & MOONEY, a corporation, L. A. McKinnon, Mary Alice Lacey, Arthur N. Gosline, Jr., and Valeria Guest, Appellees.

United States Court of Appeals Sixth Circuit.

May 28, 1959.

Attorney(s) appearing for the Case

T. R. Zettelmeyer, Willoughby, Ohio, William E. Speer, Detroit, Mich., on brief, for appellant.

James M. Pearson, Flint, Mich., for appellees.

Before MARTIN, Chief Judge, ALLEN, Circuit Judge, and MATHES, District Judge.

FLORENCE E. ALLEN, Circuit Judge.

The United States District Court dismissed appellant's complaint in this action on the ground that the cause set forth therein had been adjudicated by the courts of the State of Ohio.

On October 23, 1954, in Lake County, Ohio, appellant was injured in an automobile accident. He filed an action against one Thomas Fitzgerald in the Common Pleas Court of Lake County and secured a judgment for $10,000 against Fitzgerald. Asserting...

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