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BROWN v. McCORMICK

No. 77-1870.

608 F.2d 410 (1979)

Marlin BROWN, Plaintiff-Appellee, v. Jon D. McCORMICK and Lyda N. McCormick, his wife, Defendants-Appellants, and Split Rock Ranch, Inc., Defendant.

United States Court of Appeals, Tenth Circuit.

Decided October 17, 1979.

Attorney(s) appearing for the Case

Charles D. McAtee, of Eidson, Lewis, Porter & Haynes, Topeka, Kan. (K. Gary Sebelius, Topeka, Kan., with him, on brief), for defendants-appellants.

John R. Hamilton, of Crane, Martin, Claussen, Hamilton & Barry, Topeka, Kan. (Margaret A. Gatewood, Topeka, Kan., with him, on brief), for plaintiff-appellee.

Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.

SETH, Chief Judge.

This appeal concerns the validity of a default judgment entered against defendants in 1971, and the propriety of an injunction against defendants under 28 U.S.C. § 2283 from proceeding against the plaintiff in the Arizona courts. The plaintiff, Mr. Marlin Brown, instituted this action in the United States District Court for the District of Kansas through a supplemental complaint filed pursuant to 28 U.S.C. § 2283 to protect his 1971 judgment...

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