Andrew A. Kendall v. Overseas Development Corporation, a Delaware Corporation, James A. Gershman, David Garst

The U.S. District Court dismissed Kendall’s suit as to defendant Garst for the reason that a state court had previously dismissed a similar action Kendall had brought against Garst on the grounds of lack of in personam jurisdiction. Kendall appeals contending that he had the right to relitigate the jurisdictional issue. Because the federal cause of action set forth no new facts which would alter the result reached by the state court, we affirm.

Kendall originally filed suit in the Idaho state court against Overseas Development Corp., James Gershman, David Garst, and two others, claiming that the defendants were liable for failure to compensate Kendall under a contract of employment. Garst moved to dismiss on the ground that the court lacked jurisdiction over him. The state court granted the motion to dismiss on the basis of lack of in personam jurisdiction. No appeal was taken from that determination.

Subsequently, Kendall filed suit in federal district court for the District of Idaho, alleging basically the same cause of action as in the state court. Garst moved in the federal court to dismiss the action as to him pursuant to Fed.R.Civ.P. 12(b)(2) for lack of personal…