Toucey v. New York Life Insurance Co., 314 U.S. 118 (1942)

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Toucey v. New York Life Insurance Co.


No. 16


Reargued October 17, 1941
Decided November 17, 1941 *
314 U.S. 118

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT

Syllabus

Section 265 of the Judicial Code forbids a federal court to enjoin a proceeding in personam in a state court on the ground that the claim in controversy has been previously adjudicated by the federal court. P. 129.

112 F.2d 927 and 115 F.2d 1 reversed.

No. 16 came here on certiorari, 311 U.S. 643, to review the affirmance of a decree of injunction, 112 F.2d 927. The decision below was affirmed here by an equally divided Court, 313 U.S. 538; subsequently, a rehearing was granted, 313 U.S. 59.

No.19 is here on certiorari, 312 U.S. 670, to review the affirmance of a decree of injunction, 115 F.2d 1.