HENRY MAYS, JR., AND WILLIAM R. KINSLEY, PLAINTIFFS-APPELLANTS,
v.
ROBERT E. BRENT, VICE PRESIDENT D/B/A SAFEWAY FINANCE COMPANY, INC. OF GEORGIA, DEFENDANT-APPELLEE

5th Cir. | 1977-02-09
No. 76-3549
Before COLEMAN, GOLDBERG and GEE, Circuit Judges.
546 F.2d 1154 Court of Appeals for the Fifth Circuit (1977) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The federal district court properly applied the doctrine of res judicata to dismiss the appellants' federal action.


Facts & Procedural History

Appellants sued Safeway Finance Company in federal court alleging violations, which were identical to claims previously litigated and decided against …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics

Explore caselaw by topic → Browse Res Judicata cases and more on FLexlaw


Opinion of the Court
PER CURIAM:

PER CURIAM:

Appellee Safeway Finance Company made two loans to appellants in 1973 and 1974. In 1975 Safeway filed suit in Georgia state court to recover on the loans. Appellants asserted defenses and counterclaims based on various state law grounds and on the federal truth-in-lending statute, 15 U.S. C.A. § 1601 et seq.

While the state litigation was pending, appellants filed the federal action at bar, alleging truth-in-lending and other violations, all of which had been raised in the state-court action.1 When the state court granted judgment for Safeway on all points, the district court dismissed the complaint in the instant case on the basis of res judicata.2 Appellants bring this appeal, addressing most of their arguments to alleged errors in the state court judgment.

The correctness of the state court judgment, however, is not before us. The only issue here is whether the federal district court properly applied the doctrine of res judicata. Because the identical causes of action asserted in the case at bar were adjudicated between these parties in the prior state-court action, the district court properly concluded that the Georgia judgment bars the action here. The judgment below is affirmed.3

. Also named as a defendant was Robert E. Brent, a vice president of Safeway. Brent’s presence as a party is irrelevant to the issues in the case.

. The court also concluded that the action was barred by the statute of limitations.

. In light of our disposition of the res judicata issue, we need not reach the district court’s alternative argument that the statute of limitations bars this action.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw