Gullo v. Veterans Cooperative Housing Association
| Decision Date | 28 May 1959 |
| Docket Number | No. 14925.,14925. |
| Citation | 269 F.2d 517 |
| Parties | Joseph S. GULLO and Vivian B. Gullo, Appellants, v. VETERANS COOPERATIVE HOUSING ASSOCIATION et al., Appellees. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Joseph S. Gullo, Arlington, Va., for appellants.
Mr. Paul Daniel, Washington, D. C., with whom Mr. Carlyle C. Ring, Jr., Washington, D. C., was on the brief, for appellee Veterans Cooperative Housing Ass'n. Mr. James R. Worsley, Jr., Washington, D. C., also entered an appearance for appellee Veterans Cooperative Housing Ass'n.
Mr. Hubert B. Pair, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, and Milton D. Korman, Principal Asst. Corp. Counsel, were on the brief, for appellee District of Columbia.
Before WILBUR K. MILLER, BAZELON and BASTIAN, Circuit Judges.
This case was dismissed by the District Court apparently on the ground of res judicata, the court taking judicial notice of the previous case between the parties, the details of which are spelled out in Gullo v. Veterans Cooperative Housing Association, 1957, 101 U.S.App. D.C. 167, 247 F.2d 573.
In all its essential particulars, the present action is the same as that of the previous case, and the District Court correctly applied the doctrine of res judicata.
While the defense of laches was interposed, it is not necessary that we pass on that issue.
Affirmed.
To continue reading
Request your trial
-
United States v. Manning
... ... possession and control of a savings and loan association. Fahey v. Mallonee, 322 U.S. 245, 253, 67 S.Ct. 1552, 91 ... ...
-
Taxation with Representation of Washington v. Regan
...is permissible in the interest of judicial economy where both actions were brought before the same court"); Gullo v. Veterans Coop. Housing Ass'n, 269 F.2d 517, 517 (D.C.Cir.1959) (trial court may apply res judicata upon taking notice of parties' previous case); Wilson v. United States, 166......
-
Nixon v. U.S., 92-5021
...McClain v. Apodaca, 793 F.2d 1031, 1033 (9th Cir.1986) (affirming sua sponte application by bankruptcy court); Gullo v. Veterans Coop. Housing Ass'n, 269 F.2d 517 (D.C.Cir.1959) (affirming sua sponte application by district court). The circuits are split on the question whether an appellate......
- American Federation of Government Employees, Council 214, AFL-CIO v. Federal Labor Relations Authority