Nichols v. Long Island Lighting Co., 211 F.2d 392 (2d Cir. 1954). · Go Syfert
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Nichols v. Long Island Lighting Co., 211 F.2d 392 (2d Cir. 1954). Cases Citing This Book View Copy Cite
9 citation events across 2 distinct courts.
Strongest positive: Nichols v. Alker (ca2, 1956-02-14)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see" Nichols v. Alker (2×)
2d Cir. · 1956 · signal: see · confidence high
See Nichols v. Long Island Lighting Co., 2 Cir., 207 F.2d 931 , and 2 Cir., 211 F.2d 392 . 25 In the present suit, however, plaintiffs do not seek to obtain a larger share of the reorganized company's assets.
discussed Cited "see" Nichols v. Alker (2×)
2d Cir. · 1956 · signal: see · confidence high
See Nichols v. Long Island Lighting Co., 2 Cir., 207 F.2d 931 , and 2 Cir., 211 F.2d 392 .
discussed Cited "see, e.g." Nichols v. Alker
E.D.N.Y · 1954 · signal: see also · confidence low
See also Nichols v. Long Island Lighting Company, 2 Cir., 211 F.2d 392 , certiorari denied October 14, 1954, 348 U.S. 827 , 75 S.Ct. 45 , and petition for rehearing denied by the Supreme Court on November 15, 1954, 348 U.S. 884 , 75 S.Ct. 123 .
Retrieving the full opinion text from the archive…
NICHOLS Et Al.
v.
LONG ISLAND LIGHTING CO. Et Al.
Docket 22723.
Court of Appeals for the Second Circuit.
Mar 22, 1954.
211 F.2d 392
Harold G. Aron, New York City, for plaintiffs., ^ ,T _r , , David K. Kadane, New York City, for defendant., ^ Myron S. Isaacs, Associate General Counsel Securities and Exchange Commission, Washington, D. C., for inter-venor-appellee.
Hand, Swan.
Cited by 4 opinions  |  Published
PER CURIAM.

In our prior opinion in this case, 2 Cir., 207 F.2d 931, we affirmed the order of the district court dismissing the action herein. We did so first on the ground that the action was a collateral attack and as such was prohibited by the injunction accompanying the consolidation decree. Moreover, we found that the claims presented were not new but a een passe on e ore or were known at the time of previous attacks on the decree. See, In re Long Island Lighting Co 2 Cir. 197 F.2d 709. Thus the plaintiffs should have been barred from proceeding further on the basis of the allegations presented in the complaint. However, Judge Inch’s order dismissing the action contained the following clause: without prejudice to any further proceedings which the plaintiffs herein may desire to undertake, pursuant to this Court’s reserved jurisdiction in said Civil Action No. 10,413, to vacate or modify the order in the aforesaid action by reason of the aliegations set forth m the complaint here-m.”' In view of our further finding of resjudicata this clause should have been stricken out Accordingly, we modify our former decision by striking out the above clause, and as modified we affirm the order dismissing the action below.

Judgment modified and as modified affirmed; mandate recalled and amended accordingly.