(Download) "Duncan V. Peck" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Duncan V. Peck
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 16, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
In this Fourteenth Amendment claim under 42 U.S.C. § 1983, plaintiff Duncan seeks compensatory and punitive damages from Harold Peck and wife and Highlands Coal and Chemical Corporation for depriving him of property without due process under an Ohio state court default judgment and a writ of execution thereon. Duncan claims that both the judgment and the execution are invalid for lack of notice and personal jurisdiction. We reverse the District Court summary judgment for the defendants holding that Duncan's § 1983 action is barred under res judicata by a prior adverse state court adjudication of Duncan's motion to set aside the default judgment and execution. We remand the case to the District court for a determination of the constitutional issue concerning notice and personal jurisdiction on the merits.
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