Di Silvestro v. Gray

194 F.2d 355

Opinion

PER CURIAM.

The judgment of the District Court, dismissing the complaint, is affirmed. Appellant has had his day in court. Di Silvestro v. United States Veterans’ Administration, D.C.E.D.N.Y.1949, 81 F.Supp. 844, affirmed 2 Cir., 1949, 173 F.2d 933, amended complaint dismissed, D.C.E.D.N.Y.1950, 10 F.R. D. 20, affirmed 2 Cir., 1950, 181 F.2d 502, certiorari denied 1950, 339 U.S. 989, 70 S.Ct. 1014, 94 L.Ed. 1390. Having lost the previous litigation on its merits, appellant cannot now relitigate his cause simply by choosing another forum and by naming as defendant the Administrator of Veterans’ Affairs, in his official capacity as head of the Veterans’ Administration, rather than (as previously) suing the Veterans’ Administration as such. See also Baxter v. Pace, 89 U.S.App.D.C.-, 193 F.2d 20.

So ordered.