MATTHEWS v. WOLVIN

No. 17205.

266 F.2d 722 (1959)

William H. MATTHEWS, Appellant, v. Lulu M. WOLVIN and Olive M. Matthews, as Surviving Trustees of Alliance Investment Corporation, etc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 30, 1959.


Attorney(s) appearing for the Case

Claude Pepper, Alfred I. Hopkins, Miami, Fla., Graham P. Stansbury, St. Petersburg, Fla., for appellant.

Baya M. Harrison, Jr., Sam H. Mann, Jr., Mann, Harrison & Mann, St. Petersburg, Fla., for appellees.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.


CAMERON, Circuit Judge.

The question for decision is whether the court below erred in granting summary judgment in favor of appellees and against appellant upon its holding that this action "to Establish a Trust, for Cancellation, for Accounting and for General Relief" is barred by res judicata based upon prior proceedings had between the same parties in a Florida state court.1

The gravamen of this action is that Olive and...

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