Dillard v. Family Court, Queens County

Second Circuit

Dillard v. Family Court, Queens County

404 F.2d 404

Court of Appeals for the Second Circuit·Decided November 6, 1968·No. No. 151, Docket 32712·Published·Cited by 3 cases

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.

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

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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)

Opinion

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