1. Home
  2. Browse Decisions
  3. F.2d
  4. 948 F.2d
  5. 948 F.2d 869 (1991)
 

SURE-SNAP CORP. v. STATE STREET BANK AND TRUST CO.

No. 387, Dockets 91-7607, 91-7611.

948 F.2d 869 (1991)

SURE-SNAP CORPORATION, A New York Corporation; The Estate of Alfred Shure, By and Through its Personal Representative Elaine Shure; Elaine Shure, individually, Plaintiffs-Appellants, v. STATE STREET BANK AND TRUST COMPANY and Bradford National Bank, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 7, 1991.

Attorney(s) appearing for the Case

David C. Pollack, Miami, Fla. (Stroock & Stroock & Lavan, Miami, Fla., of counsel), for plaintiffs-appellants.

Charles W. Throckmorton, Miami, Fla. (Corali Lopez-Castro, Kozyak Tropin Throckmorton & Humphreys, P.A., Miami, Fla., of counsel), Daniel J. Lyne, Boston, Mass. (Patricia Bramante Gary, Hanify & King, Boston, Mass., of counsel), for defendants-appellees.

Before LUMBARD, KAUFMAN and KEARSE, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Restraining litigious plaintiffs from taking more than "one bite of the apple" has been our avowed purpose since the common law doctrine of res judicata first evolved. The question before us today is whether "having one's day" in bankruptcy court precludes the bringing of lender liability claims against the debtor's creditors in a separate, tort-based suit. The timeworn test of sameness of claims, based on transactional, factual,...

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