United States Third Circuit

In an action by the former executor of an estate seeking access to dividend payments on shares of defendant corporation, which shares plaintiff had transferred to himself from the estate while executor, dismissal on the ground of issue preclusion is remanded, with instructions to dismiss for lack of jurisdiction, where: 1) the probate exception to federal jurisdiction applies when the federal court endeavors to assume in rem jurisdiction over property that is in custody of the probate court; and 2) in this case the Pennsylvania Orphan's Court had custody of the disputed dividend payments pending its determination of validity of transfer of the shares to plaintiff.

Appellate Information

• Argued 01/07/2008
• Decided 08/20/2008
• Published 08/20/2008

Judges

• Before:  FUENTES, JORDAN, Circuit Judges, and O'NEILL, JR, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John A. Guernsey (argued), Kevin D. Kent, Mark E. Seiberling, Conrad, O'Brien, Gellman & Rohn, Thomas A. Leonard, Louis B. Kupperman, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Ronald J. Shaffer (argued), Fox Rothschild, Philadelphia, PA, Eric M. Wood, Horn, Goldberg, Gorny, Plackter, Weiss & Perskie, Allison L. Kashon, Fox Rothschild, Atlantic City, NJ, for Appellees.