Di Silvestro v. Gray

D.C. Circuit

Di Silvestro v. Gray

194 F.2d 355

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 21, 1952

Docket11048_1

StatusPublished

Cited by8 cases

This text of 194 F.2d 355 (Di Silvestro v. Gray) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Di Silvestro v. Gray, 194 F.2d 355 (D.C. Cir. 1952).

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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.

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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.

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194 F.2d 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-silvestro-v-gray-cadc-1952.

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