DELAVIGNE v. DELAVIGNE

No. 75-2203.

530 F.2d 598 (1976)

Denise F. DELAVIGNE, Appellee, v. Dorsey H. DELAVIGNE, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1976.


Attorney(s) appearing for the Case

Leonard J. Kerpelman, Baltimore, Md., for appellant.

Earle D. Goss, Bethesda, Md., for appellee.

Before WINTER and FIELD, Circuit Judges, and MERHIGE, District Judge.


WINTER, Circuit Judge:

In a divorce action sought to be removed to the district court, the husband (defendant in the state court) appeals from an order of remand. Removal was sought under 28 U.S.C. § 1443(1) on the ground that sex discrimination would preclude the husband from receiving a fair trial in the state court.1 We affirm.

I.

In the state courts of Maryland, plaintiff and defendant each instituted separate...

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