KENDALL v. OVERSEAS DEVELOPMENT CORP.

No. 82-3125.

700 F.2d 536 (1983)

Andrew A. KENDALL, Appellant, v. OVERSEAS DEVELOPMENT CORPORATION, A Delaware corporation, James A. Gershman, David Garst, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1983.


Attorney(s) appearing for the Case

Wilbur T. Nelson, Nelson & Westberg, Boise, Idaho, for appellant.

Robert M. Tyler, Jr., Boise, Idaho, for appellees.

Before FERGUSON, BOOCHEVER and NORRIS, Circuit Judges.


BOOCHEVER, Circuit Judge:

The U.S. District Court dismissed Kendall's suit as to defendant Garst for the reason that a state court had previously dismissed a similar action Kendall had brought against Garst on the grounds of lack of in personam jurisdiction. Kendall appeals contending that he had the right to relitigate the jurisdictional issue. Because the federal cause of action set forth no new facts which would alter the result reached by the state court...

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