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United States Tenth Circuit


MERRILL LYNCH BUS. FIN. SERVS., INC. v. NUDELL, 03-1163

Because the state court, by dismissing without prejudice, did not reach the merits of plaintiff's claim, the Rooker-Feldman doctrine does not bar this diversity action to collect on a debt that defendant guaranteed. Dismissal is reversed.

Appellate Information

  • Decided 04/12/2004
  • Published 04/12/2004

Judges

  • TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BRORBY, Senior Circuit Judge, and KELLY, Circuit Judge.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Peter A. Jaffe, Law Offices of Peter A. Jaffe, LLC, McCoy, CO, appearing for Plaintiff-Appellant.

  • For Appellees:
  • Burton H. Levin, Levin & Levin, LLP, Edwards, CO, appearing for Defendant-Appellee.
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