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FORTUNE v. MULHERRIN

Nos. 75-1491, 75-1079.

533 F.2d 21 (1976)

William E. FORTUNE et al., Plaintiffs-Appellants, v. Joseph P. MULHERRIN et al., Defendants-Appellees. Joseph A. COURNOYER et al., Plaintiffs-Appellants, v. TOWN OF LINCOLN, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided April 9, 1976.

Attorney(s) appearing for the Case

William E. Fortune, pro se, in case no. 75-1491.

Silas Little, III, Manchester, N. H., with whom Devine, Millimet, Stahl & Branch, Manchester, N. H., was on brief for the Estate of George R. Grant, Jr., appellee.

Peter J. Saari and R. Laurence Cullen, Hampton, N. H., on brief for Joseph P. Mulherrin and Mary L. Fortune, appellees.

David H. Souter, Atty. Gen., and Richard B. McNamara, Atty., Concord, N. H., on brief for Leonard C. Hardwick, Jr., appellee.

Robert D. Powell, Washington, D. C., with whom Domenic A. Mosca, North Kingstown, was on brief, for appellants in No. 75-1079.

Edward W. Moses, Providence, for appellees in No. 75-1079.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

PER CURIAM.

These two cases, arising in different courts, and with very different facts, have one aspect in common, the mistaken belief that by some form of action or other the federal courts are the ultimate resolvers of all wrongs. This belief persists regardless of the number of times it is said that the state courts are competent to decide federal questions, including constitutional questions. E. g., Robb v. Connolly, 1884, 111 U.S. 624<...

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