Dillard v. Family Court, Queens County

Second Circuit

Dillard v. Family Court, Queens County

404 F.2d 404

CourtCourt of Appeals for the Second Circuit

DecidedNovember 6, 1968

DocketNo. 151, Docket 32712

StatusPublished

Cited by3 cases

This text of 404 F.2d 404 (Dillard v. Family Court, Queens County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dillard v. Family Court, Queens County, 404 F.2d 404 (2d Cir. 1968).

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Opinion

PER CURIAM:

This appeal questions the propriety of the district court’s order remanding this support proceeding to the state court. In the district court petitioner sought dis[405]*405missal of the proceedings against him originally prosecuted in the Family Court, Queens County, in behalf of his wife and purportedly removed by petitioner pursuant to 28 U.S.C. §§ 1343 and 1443.

As this appears to be no more than an ordinary matrimonial controversy and as there is no support in the record for any claim of a conspiracy to deprive petitioner of his civil rights, the case was properly remanded to the state court.

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PER CURIAM:

This appeal questions the propriety of the district court’s order remanding this support proceeding to the state court. In the district court petitioner sought dis[405]*405missal of the proceedings against him originally prosecuted in the Family Court, Queens County, in behalf of his wife and purportedly removed by petitioner pursuant to 28 U.S.C. §§ 1343 and 1443.

As this appears to be no more than an ordinary matrimonial controversy and as there is no support in the record for any claim of a conspiracy to deprive petitioner of his civil rights, the case was properly remanded to the state court.

Commonwealth of Pennsylvania Ex Rel. Nancy R. Gittman v. Cole Y. Gittman, Jr., (Court of Common Pleas of Delaware County, Penna. Criminal Action-Law, No. F16-83, Sept. Term, 1970), in No. 71-1290. Commonwealth of Pennsylvania Ex Rel. Nancy R. Gittman v. Cole L. Gittman, Jr., (Defendant, Court of Common Pleas of Delaware County, Penna. Criminal Action-Law, No. F-16-83, Sept. Term, 1970. In Contempt)

451 F.2d 155 (Third Circuit, 1971)

Commonwealth of Pennsylvania ex rel. Gittman v. Gittman

451 F.2d 155 (Third Circuit, 1971)

James L. Dillard v. Family Court, Queens County, Annabelle B. Dillard, Hon. Peter M. Horn

404 F.2d 404 (Second Circuit, 1968)

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404 F.2d 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillard-v-family-court-queens-county-ca2-1968.

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