STEWART SECURITIES CORP. v. GUARANTY TRUST CO.

No. 76-2067.

597 F.2d 240 (1979)

STEWART SECURITIES CORPORATION et al., Plaintiffs-Appellants, v. GUARANTY TRUST COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 26, 1979.


Attorney(s) appearing for the Case

Timothy J. Sullivan, Tulsa, Okl. (Scheeline & Leopold, Altoona, Pa., and Prichard, Norman, Reed & Wohlgemuth, Tulsa, Okl., on brief), for plaintiffs-appellants.

John J. Love, Oklahoma City, Okl. (William G. Paul and Harry A. Woods, Jr., of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., and Charles A. Johnson of Phipps, Johnson & Holmes, Ponca City, Okl., on brief), for defendant-appellee.

Before SETH, Chief Judge, and McWILLIAMS and LOGAN, Circuit Judges.


McWILLIAMS, Circuit Judge.

The issue here concerns the effect of a dismissal under Fed.R.Civ.P. 41(b) based on lack of subject matter jurisdiction. The trial court held that, under the doctrine of res judicata, such dismissal barred a second suit in federal district court between the same parties based on the same transaction. Under the circumstances, we agree.

The several plaintiffs in the instant case brought an earlier action in the United States...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases