Guam Investment Company, Inc. v. Central Building, Inc.

Before us is an appeal from an order dismissing a complaint on the ground of res judicata. The district court’s jurisdiction was based on Title 48 U.S.C.A. § 1424 . This Court has jurisdiction under Title 28 U.S.C.A. §§ 1291 and 1294.

Since the order of the district court dismissing the complaint was based on the ground of res judicata, it is necessary to set forth portions of the complaint in the instant case and of the record in the prior case which was held by the district court to have settled and adjudicated all of the issues raised in the complaint in the instant case.

When the district court entered its order dismissing the instant action the only record before the court consisted of appellants’ complaint and appellees’ motion to dismiss. The record in the prior action — Civil Case No. 49-55 of the District Court of the Territory of Guam —was not before the court, nor was the record of such prior case certified as a part of the record on this appeal as originally filed, but was brought to this Court under a supplemental record on motion of the appellees, pursuant to the direction of this Court and by order of the district court.

Such supplemental record discloses that…