SCHAUSS v. METALS DEPOSITORY CORP.

No. 84-1398.

757 F.2d 649 (1985)

Ralph SCHAUSS, et al., Plaintiffs-Appellees, v. METALS DEPOSITORY CORPORATION, et al., Defendants, Michael Wagner, Equity Receiver of U.S. Metals Depository Corporation, Defendant-Appellant, FIRST NATIONAL BANK OF EULESS, Plaintiff-Appellee, v. Ralph SCHAUSS, et al., Defendants-Appellees, v. Michael WAGNER, etc. Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 1985.


Attorney(s) appearing for the Case

Thomas S. Leatherbury, Dallas, Tex., Leon, Weill & Mahony, New York City, for defendant-appellant.

John E. Collins, Garnett E. Hendrix, Jr., Dallas, Tex., for Schauss.

Wm. C. Meier, Peter H. Fulton, Hurst, Tex., for First Nat. Bank.

Alan Leibel, Dallas, Tex., for Mabry.

Before BROWN, WILLIAMS, and GARWOOD, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

In this appeal, we are asked to vacate a district court judgment on the basis of a motion to vacate made almost two years after judgment was entered. We decide that respect for the injunctive power of a sister federal court requires that appellant's request be granted, and accordingly, reverse in part and remand.

Background and Case History

Defendant Metals Depository Corporation (MDC) was involved in the business...

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