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SOUTHARD v. SOUTHARD

No. 251, Docket 27301.

305 F.2d 730 (1962)

Daniel B. SOUTHARD, Plaintiff-Appellant, v. Margaret F. SOUTHARD, also known as Margaret F. Graham, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 23, 1962.

Attorney(s) appearing for the Case

Francis C. Dale, Cold Spring, N. Y. (Warren L. Boulanger, Cold Spring, N. Y., on the brief), for plaintiff-appellant.

Thomas T. Adams, New York City (John W. Burke, Julian A. Gregory, Davies, Hardy & Schenck, New York City, on the brief), for defendant-appellee.

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

LUMBARD, Chief Judge.

This appeal from the dismissal of the appellant's action raises the question whether an action in a federal court for declaratory judgment may be used to invalidate a divorce decree on the ground that the state court entering that decree unconstitutionally failed to give the required full faith and credit to a prior divorce decree of a sister state. We hold that the presentation in this action of such...

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