HARLEY v. OLIVER

No. 75-1917.

539 F.2d 1143 (1976)

Bulah (Oliver) HARLEY, Individually, et al., Appellants, v. Thomas Edward OLIVER et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 26, 1976.


Attorney(s) appearing for the Case

Kenneth S. Jacobs, Villa Park, Ill., for appellant; George H. Hartman, New York City, Thomas B. Taylor, Jr., Conroe, Tex., Billy E. Moore, Columbus, Ga., and Willard Crane Smith, Jr., Forth Smith, Ark., on brief.

Robert T. Dawson, Fort Smith, Ark., for appellee; J. H. Evans, Fort Smith, Ark., on brief.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.


TALBOT SMITH, Senior District Judge.

This case is now before us for the second time.1 Motions to dismiss filed by the three defendants were granted by the District Court. 404 F.Supp. 450 (W.D.Ark.1975). We affirm.

The instant case arises out of a dispute between divorced parents over the custody of their minor son pending the performance of a surgical operation.2

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