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Mestice v. McShea

United States Court of Appeals, Third Circuit
Jan 23, 1953
201 F.2d 363 (3d Cir. 1953)

Summary

holding that removal to federal court after the entry of final judgment in a state court action was improper

Summary of this case from G.M. Realty, Inc. v. Washington

Opinion

No. 10959.

Argued January 19, 1953.

Decided January 23, 1953.

William R. Mestice, pro se.

Robert Scherling, Newark, N.J., for appellees.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


Appellant seeks review of an order dismissing with prejudice his petition for relief from a state court judgment. He asks removal of the proceedings to a federal court and an injunction against the judgment. It is unnecessary to go into the history or merits of the litigation. Suffice it to say that there are no proceedings to remove here. The state litigation terminated in a judgment which is now final. It is, therefore, res judicata. This court has no authority to sit in review of that judgment.

The order dismissing the petition will be affirmed.


Summaries of

Mestice v. McShea

United States Court of Appeals, Third Circuit
Jan 23, 1953
201 F.2d 363 (3d Cir. 1953)

holding that removal to federal court after the entry of final judgment in a state court action was improper

Summary of this case from G.M. Realty, Inc. v. Washington

holding that removal to federal court after the entry of final judgment in a state court action was improper

Summary of this case from Manna Ministry Ctr. v. Myers
Case details for

Mestice v. McShea

Case Details

Full title:MESTICE v. McSHEA et al

Court:United States Court of Appeals, Third Circuit

Date published: Jan 23, 1953

Citations

201 F.2d 363 (3d Cir. 1953)

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