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Wojcik v. Noren

United States District Court, D. Connecticut.
Oct 25, 1972
349 F. Supp. 1286 (D. Conn. 1972)

Opinion


        Raymond Richard Norko, Danielson, Conn., and John A. Dziamba, Willimantic, Conn., Tolland-Windham Legal Assistance, Inc., and Louis Parley, New Haven, Conn., for plaintiff.

        Robert K. Killian, Atty. Gen. of State of Connecticut, and Richard M. Sheridan, Asst. Atty. Gen., Hartford, Conn., for defendant.

        Before SMITH, Circuit Judge, and CLARIE and NEWMAN, District Judges.

        MEMORANDUM OF DECISION

        PER CURIAM.

        This action attacks the constitutionality of the Connecticut one-year durational residence requirement for divorce. A three-judge district court was convened. A motion was filed to treat the case as a class action and a cross motion was made to dismiss the action as moot. We conclude that the action must be dismissed.

        When plaintiff sought to file for divorce, the clerk of the Superior Court for Windham County, after consulting one of the judges, refused to accept the papers for filing. By the time of the hearing before us, however, the clerk had decided that his refusal was in error and offered to accept the case for filing. There has been no formal refusal of jurisdiction by the Superior Court. It is unnecessary, therefore, for us to reach the merits of the constitutionality of the

The facts are stipulated to be as follows:

residence requirement, for that issue may be determined by the Superior Court, with appellate view of any adverse determination in the ordinary course.

On the merits, one court has invalidated a similar statute. Wymelenberg v. Syman, 328 F.Supp. 1353 (E.D.Wis.1971), summary judgment granted 54 F.R.D. 198 (E.D.Wis.1972); and see Shapiro v. Thompson, 394 U.S. 618, 89 S.Ct. 1322, 22 L.Ed.2d 600 (1969); Boddie v. Connecticut, 401 U.S. 371, 91 S.Ct. 780, 28 L.Ed.2d 113 (1971).

        The action is dismissed as moot.


Summaries of

Wojcik v. Noren

United States District Court, D. Connecticut.
Oct 25, 1972
349 F. Supp. 1286 (D. Conn. 1972)
Case details for

Wojcik v. Noren

Case Details

Full title:Wojcik v. Noren

Court:United States District Court, D. Connecticut.

Date published: Oct 25, 1972

Citations

349 F. Supp. 1286 (D. Conn. 1972)