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LEGORY v. FINCH

No. 17444.

424 F.2d 406 (1970)

Pauline LEGORY, Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare.

United States Court of Appeals, Third Circuit.

Decided April 9, 1970.

Attorney(s) appearing for the Case

Daniel T. Hanley, Esquire, Passaic, N. J., for appellant.

Robert H. Heier, Dept. of Justice, Civil Division, Washington, D. C. (Edwin L. Weisl, Jr., Asst. Atty Gen., David M. Satz, Jr., U. S. Atty., Morton Hollander, Attys., Dept. of Justice., Washington, D. C. on the brief), for appellee.

Before HASTIE, Chief Judge, and VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

Pauline and Orlando Legory were married in 1956 and thereafter had a daughter. In 1960 Mrs. Legory, having separated from her husband, instituted an action for divorce in New Jersey where the parties were domiciled. This action was uncontested and on March 10, 1961 a judgment nisi was entered. Three months later, final judgment was entered as of course, as was provided by New Jersey law. However, before the judgment...

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