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I.A. DURBIN, INC. v. JEFFERSON NAT. BANK

No. 85-5472.

793 F.2d 1541 (1986)

I.A. DURBIN, INC., a Florida Corporation, and Betty D. Kail, Plaintiffs-Appellants, v. JEFFERSON NATIONAL BANK, a national banking association, AIA Atlantic Moving & Storage, A Florida Corporation, Gary Blurman, Fidelity & Deposit Company of Maryland, a Maryland Corporation, Paul Friedman, Peter Gilheany, Juan Gonzalez, Leroy Metz, James Smith, and Stuzin & Camner, P.A., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 21, 1986.

Attorney(s) appearing for the Case

Holland & Knight, Roma W. Theus, II, Miami, Fla., for I.A. Durbin.

Marc Birnbaum, Zemel & Kaufman, P.A., Miami, Fla., for Betty D. Kail.

Shelley H. Leinicke, Ft. Lauderdale, Fla., for Metz.

Richard L. Lapidus, Miami, Fla., for Jefferson, AIA, Fidelity, Friedman, Burman, Gonzalez and Stuzin.

Robert M. Klein, Stephens, Lynn, Chernay & Klein, P.A., Miami, Fla., for Stuzin & Camner and Friedman.

Bruce W. Jolly, Ft. Lauderdale, Fla., William H. Ravenell, Dept. of Legal Affairs, Tallahassee, Fla., for Gilheany.

Before HILL and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

ANDERSON, Circuit Judge:

Appellants I.A. Durbin, Inc. and Betty D. Kail appeal from the dismissal of their civil rights action under 42 U.S.C.A. § 1983 (West 1981) and pendent state claims. On appeal, they contend that the district court erred in dismissing their § 1983 suit because (1) it is not barred under the doctrines of collateral estoppel and res judicata by the contempt proceeding in the bankruptcy court, (2) the § 1983 claims are ripe for judicial...

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