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In re Estate of Mildred T. Bishop

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: January 3, 1968.

IN THE MATTER OF THE ESTATE OF MILDRED T. BISHOP, DECEASED. WALLACE BISHOP, JR., APPELLANT

Biggs and Kalodner, Circuit Judges and Van Dusen, District Judge. Biggs, Circuit Judge (concurring).

Author: Per Curiam

Opinion OF THE COURT

The Order of the District Court of the Virgin Islands entered November 3, 1966, will be affirmed for the reason that our holding in Bishop v. Bishop, 3 Cir., 257 F.2d 495 (1958), wherein we considered the critical transactions involved in this case, operated to bar the mooted disposition made in the Adjudication of District Court Commissioner George A. Mena, with respect to the 55 acres of real property located on the island of St. John and known as Hammerfarm, and rendered null and void such Adjudication under the doctrine of res adjudicata.

BIGGS, Circuit Judge (concurring).

The District Judge has not seen fit to inform us in any respect as to the basis on which he entered judgment. Nonetheless I concur in the opinion of the Court for the correct conclusion is reached. I am authorized to state that Judge VAN DUSEN joins in this concurrence.

19680103

© 1998 VersusLaw Inc.



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