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Dillard v. Family Court, Queens County

United States Court of Appeals, Second Circuit
Nov 6, 1968
404 F.2d 404 (2d Cir. 1968)

Opinion

No. 151, Docket 32712.

Argued October 31, 1968.

Decided November 6, 1968.

James L. Dillard, appellant pro se.

Robert S. Hammer, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for appellees.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.


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 dismissal 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.


Summaries of

Dillard v. Family Court, Queens County

United States Court of Appeals, Second Circuit
Nov 6, 1968
404 F.2d 404 (2d Cir. 1968)
Case details for

Dillard v. Family Court, Queens County

Case Details

Full title:James L. DILLARD, Appellant, v. FAMILY COURT, QUEENS COUNTY, Annabelle B…

Court:United States Court of Appeals, Second Circuit

Date published: Nov 6, 1968

Citations

404 F.2d 404 (2d Cir. 1968)

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