United States Third Circuit

Summary judgment for defendants is affirmed in a dispute over payment of a life insurance policy where plaintiff's action, brought after his nearly identical action had been dismissed with prejudice by a judgment of non pros, was barred under state law since there had been a finding of prejudice, and the dismissal with prejudice was in a well-considered judicial order.

Appellate Information

• Argued 01/18/2006
• Decided 03/09/2006
• Published 03/09/2006

Judges

• Before ROTH, FUENTES, and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Percy L. Isgitt (Argued), Isgitt & Associates, Houston, TX, for Appellant.


• For Appellees:
  
• Nicholas P. Vari (Argued), Eric R.I. Cottle, Kirkpatrick & LockhartNicholson Graham, Pittsburgh, PA, for Appellees Prudential Securities, Inc. and Sandro J. Francani., Roger H. Taft (Argued), MacDonald, Illig, Jones & Britton, Erie, PA, for Appellee GE Life and Annuity Assurance Company.