O'NEIL

v.

BURKE, WARDEN, ET AL.

Citator

Cited By

• Butcher & Sherrerd v. Welsh, 206 F.2d 259 (3d Cir. 1953)
  …eposit Insurance Corp., 1942, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956. Certiorari was denied by the Supreme Court, 327 U.S. 799, 66 S.Ct. 901, 90 L.Ed. 1025. Two petitions for rehearing were denied, 328 U.S. 877, 66 S. Ct. 976, 90 L.Ed. 1645, and 328 U.S. 879, 66 S.Ct. 1117, 90 L.Ed. 1647. Motions for leave to file petitions for rehearing were thrice denied. 328 U.S. 881, 66 S.Ct. 1361, 90 L.Ed. 1648, Id., 329 U.S. 823, 67 S.Ct. 28, 91 L.Ed. 699, and 329 U.S. 830, 67 S.Ct. 350, 91 L.Ed. 704. The mandat…
• Roach v. Teamsters Local Union NO. 688, 595 F.2d 446 (8th Cir. 1979)
  …1, 54 L.Ed.2d 313 (1977). . We note that in a non-diversity case federal courts are to apply federal principles of res judicata and are not bound by state law. See Heiser v. Woodruff, 327 U.S. 726, 733, 66 S.Ct. 853, 90 L.Ed. 970, rehearing denied, 328 U.S. 879, 66 S.Ct. 1335, 90 L.Ed. 1647 (1946); Maher v. New Orleans, 516 F. 2d 1051, 1056 (5th Cir. 1975), cert, denied, 426 U.S. 905, 96 S.Ct. 2225, 48 L.Ed.2d 830 (1976). See generally Vestal, Res Judicata/Preciusion by Judgment: The Law Applied in Federal…
• Farrell v. Lanagan, 166 F.2d 845 (1st Cir. 1948)
  …ut evidently the petitioner sought certiorari in the Supreme Court of the United States which was refused. Farrell v. Massachusetts, 1946, 327 U.S. 797, 66 S.Ct. 817, 90 L.Ed. 1023, rehearings denied, 327 U.S. 819, 66 S.Ct. 958, 90 L.Ed. 1041; 1946, 328 U.S. 879, 66 S.Ct. 1337, 90 L.Ed. 1647. It is extremely dubious whether the petitioner has exhausted his state remedies and certainly he has not shown’ exhaustion of state remedies by the incomplete record presented to us. He claims, however, that neither a…