UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
May 9, 1979
R. ABBOTT SINSKEY AND MINNA SINSKEY, PLAINTIFFS-APPELLANTS,
FEDERAL DEPOSIT INSURANCE CORPORATION AND WILLIAM S. BORDEN, JR., TRUSTEE OF CORPAMERICA, INC. AND MIDDLESEX TRADING CORPORATION, IN REORGANIZATION UNDER CHAPTER X OF THE BANKRUPTCY ACT, AND WILLIAM S. BORDEN, JR., IN HIS INDIVIDUAL CAPACITY, DEFENDANTS-APPELLEES.
Appeal from the United States District Court for the Southern District of New York.
Present: Hon. J. Edward Lumbard, Hon. Henry J. Friendly, Hon. William H. Mulligan, Circuit Judges
This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by counsel.
ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed. The issues raised in this appeal were resolved adversely to appellants in Borden v. Sinskey, 530 F.2d 478 (3d Cir. 1976). Accordingly, the instant action is barred by the doctrines of res judicata, e.g., Commissioner v. Sunnen, 333 U.S. 591 (1948), and collateral estoppel, see Shore v. Parklane Hosiery Co., 58 L. Ed. 552, 47 U.S.L.W. 4079 (Jan. 9, 1979).
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