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Civil Procedure Keyed to Babcock
Durfee v. Duke
Citation:375 U.S. 106 (1963)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff Durfee sued Defendant Duke in Nebraska state court to quiet title on land between the Missouri River between Nebraska and Missouri. The Nebraska court’s subject matter jurisdiction depended on the land being in Nebraska. Defendant Duke contested jurisdiction but still litigated the case to the end. The Nebraska court found that the land was a part of Nebraska by avulsion, found jurisdiction proper, and ruled in favor of Plaintiff Durfee. Defendant Duke appealed and the Nebraska Supreme Court affirmed. Defendant Duke then sued in Missouri to quiet title claiming the land was in Missouri and that Nebraska did not have proper jurisdiction. The case was removed to federal court based on diversity of citizenship. The federal district court held that the land was in Missouri, but that res judicata applied and the judgement of the Nebraska Supreme Court controlled. The court of appeals reversed ruling that the Nebraska decision was not entitled to full faith and credit. The appellate court thus held that a Missouri court had the right to reconsider the Nebraska’s court’s subject matter jurisdiction. Plaintiff Durfee petitioned the Supreme Court of the United States for certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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