Cairo Amman Bank v. Bucheit
Cairo Amman Bank v. Bucheit
Opinion of the Court
SUMMARY ORDER
This cause came on to be heard on the record from the United States District Court for the Southern District of New York, and was argued by respondent-plaintiff pro se Bernard J. Bucheit, Jr., and by counsel for petitioner-defendant, and was submitted by respondents-plaintiffs pro se Kurt B. Bucheit, Leisel M. Bucheit, Erich J. Bucheit.
ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the order of said District Court be and it hereby is affirmed substantially for the reasons stated by Judge Preska on the record on October 15, 1999. Respondents-plaintiffs’ contention that the district court for the Southern District of New York should not have resolved the issue of whether the Ohio federal court, which entered a default judgment against petitioner-defendant, had personal jurisdiction over petitioner-defendant is without merit. When, as here, a plaintiff seeks to enforce a default judgment, and the defendant moves pursuant to Rule 60(b) to vacate the judgment as void on the ground that the court that entered the judgment lacked jurisdiction, “the enforcing court has the inherent power to void the judgment whether the judgment was issued by a tribunal within the enforcing court’s domain or by a court of foreign jurisdiction, unless inquiry into the matter is barred by the principles of res judicata.” Covington Industries, Inc. v. Resintex A.G., 629 F.2d
We have considered all of respondents-plaintiffs’ contentions on this appeal and have found in them no basis for reversal. The order of the district court is affirmed.
Reference
- Full Case Name
- CAIRO AMMAN BANK, Petitioner-Defendant-Appellee v. Bernard J. BUCHEIT, Jr., Kurt B. Bucheit, Leisel M. Bucheit, Erich J. Bucheit, Respondents-Plaintiffs-Appellants
- Status
- Published