MAGAZINER v. MONTEMURO

No. 71-1667.

468 F.2d 782 (1972)

Robert L. MAGAZINER et al., Appellants, v. Frank J. MONTEMURO, Jr., Administrative Judge of the Family Court Division of the Court of Common Pleas of Philadelphia County,

United States Court of Appeals, Third Circuit.

Resubmitted August 18, 1972.

Decided September 29, 1972.


Attorney(s) appearing for the Case

Sharon K. Wallis, Philadelphia, Pa., for appellants.

Joseph Matusow, Philadelphia, Pa., for appellee.

Before STALEY, ALDISERT and HUNTER, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) May 26, 1972.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented is whether the district court should have reached the merits of a claim sounding under the Civil Rights Acts, 42 U.S.C. §§ 1981 and 1983, wherein appellants, children of parties to a state court civil action adjudicating rights to their custody, and the children's counsel...

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