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United States Sixth Circuit


PETERSON NOVELTIES, INC. v. CITY OF BERKLEY, 00-2037

If a federal claim can succeed without calling into question the correctness of a state court judgment, the Rooker-Feldman does not apply, but claim preclusion bars consideration of First and Fifth Amendment claims that could have been brought in earlier state action.

Appellate Information

  • Decided 10/01/2002
  • Published 10/01/2002

Judges

  • Before KENNEDY and BOGGS, Circuit Judges;  and COFFMAN, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Hugh M. Davis, Jr. (argued and briefed), Constitutional Litigation Associates, Detroit, MI, for Plaintiffs-Appellants.

  • For Appellees:
  • James E. Tamm, Julie McCann O'Connor (argued and briefed), O'Connor, DeGrazia & Tamm, Bloomfield Hills, MI, for Defendants-Appellees.
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