GENTLES ET AL.
v.
MCCONNELL, INSURANCE COMMISSIONER OF CALIFORNIA, ET AL.; AND PACIFIC MUTUAL LIFE INSURANCE CO. ET AL. V. MCCONNELL, INSURANCE COMMISSIONER OF CALIFORNIA, ET AL.

U.S. | 1956-03-12
Nos. 584; No. 585
The Chief Justice and Mr. Justice Reed took no part in the consideration or decision of these cases.
350 U.S. 984 Supreme Court of the United States (1956) Positive Treatment
Cited by 2 cases

Per_curiam
Per Curiam:

Appeals from the Supreme Court of California.

Per Curiam:

The motions to dismiss are granted and the appeals are dismissed. Treating the papers whereon the appeals were taken as petitions for writs of certiorari, certiorari is denied.

The Chief Justice and Mr. Justice Reed took no part in the consideration or decision of these cases.

Reported below: 44 Cal. 2d 715, 285 P. 2d 636.


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Citator

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  • Eichman v. Fotomat Corp., 759 F.2d 1434 (9th Cir. 1985)
    …Inc. v. Department of Alcoholic Beverage Control, 55 Cal.2d 728, 733, 361 P. 2d 712, 715, 13 Cal.Rptr. 104, 107 (1961); Pacific Mutual Life Insurance Co. v. McConnell, 44 Cal.2d 715, 725, 285 P. 2d 636, 641 (1955), appeal dismissed and cert. denied, 350 U.S. 984, 76 S.Ct. 472, 100 L.Ed. 851 (1956). Because federal antitrust claims are within the exclusive jurisdiction of the federal courts, Marrese, — U.S. at-, 105 S.Ct. at 1330, the California court in Eichman I would have had no jurisdiction over Eichman’…
  • …approving it authorized mutualization of the new company under the wrong statutes, the order is nevertheless res judica-ta. Pacific Mut. Life Ins. Co. v. McConnell, 44 Cal.2d 715, 727-28, 285 P. 2d 636, 642 (1955) (citations omitted), cert, denied, 350 U.S. 984, 76 S.Ct. 472, 100 L.Ed. 851 (1956). What Pacific Mutual hinted at, the California Supreme Court has now made explicit. It has declared that the mere availability of a voidness attack in some instances will not upset the normal rules of res judicat…

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