JAMES L. DILLARD, APPELLANT,
v.
FAMILY COURT, QUEENS COUNTY, ANNABELLE B. DILLARD, HON. PETER M. HORN, APPELLEES

2d Cir. | 1968-11-06
Nos. 151, Docket 32712
404 F.2d 404 United States Court of Appeals for the Second Circuit (1968) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:

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 missal 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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