Royal Court Apartments, Inc.

Court of Claims

Royal Court Apartments, Inc.

173 Ct. Cl. 1186, 1965 U.S. Ct. Cl. LEXIS 242, 1965 WL 1501

CourtUnited States Court of Claims

DecidedNovember 19, 1965

DocketNo. 44-64

StatusPublished

This text of 173 Ct. Cl. 1186 (Royal Court Apartments, Inc.) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Royal Court Apartments, Inc., 173 Ct. Cl. 1186, 1965 U.S. Ct. Cl. LEXIS 242, 1965 WL 1501 (cc 1965).

Pincite

Opinion

Judgments; res judicata. — Plaintiff sues to recover a sum alleged to have been lost when á Veterans Administration housing project proved to be a financial failure. The case came before the court on defendant’s motion for judgment on the pleadings. Defendant pointed out that FHA had instituted a foreclosure action against plaintiff in the district [1187]*1187court in March 1962 and had obtained a judgment of foreclosure in July 1962. It is from this judgment that plaintiff now sues defendant and defendant asserts the defense of res judicata, since the present action arises out of the same transactions which were the subject matter of the foreclosure proceedings. Upon consideration of defendant’s motion and without oral argument and on the basis of the court decisions announced in its Order in Tutty v. United States, 167 Ct. Cl. 895 (1964), the court concluded that plaintiff’s claim was barred under the doctrine of res judicata since the claim could and should have been presented in plaintiff’s defense to the foreclosure action. On November 19, 1965, defendant’s motion for judgment on the pleadings was granted and the petition dismissed. Plaintiff’s petition for a writ of cer-tiorari was denied, 383 U.S. 968 (1966).

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Judgments; res judicata. — Plaintiff sues to recover a sum alleged to have been lost when á Veterans Administration housing project proved to be a financial failure. The case came before the court on defendant’s motion for judgment on the pleadings. Defendant pointed out that FHA had instituted a foreclosure action against plaintiff in the district [1187]*1187court in March 1962 and had obtained a judgment of foreclosure in July 1962. It is from this judgment that plaintiff now sues defendant and defendant asserts the defense of res judicata, since the present action arises out of the same transactions which were the subject matter of the foreclosure proceedings. Upon consideration of defendant’s motion and without oral argument and on the basis of the court decisions announced in its Order in Tutty v. United States, 167 Ct. Cl. 895 (1964), the court concluded that plaintiff’s claim was barred under the doctrine of res judicata since the claim could and should have been presented in plaintiff’s defense to the foreclosure action. On November 19, 1965, defendant’s motion for judgment on the pleadings was granted and the petition dismissed. Plaintiff’s petition for a writ of cer-tiorari was denied, 383 U.S. 968 (1966).

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Bluebook (online)

173 Ct. Cl. 1186, 1965 U.S. Ct. Cl. LEXIS 242, 1965 WL 1501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-court-apartments-inc-cc-1965.