CUNNINGHAM v. DEPARTMENT OF NAVY

Civ. No. H-77-621.

455 F.Supp. 1370 (1978)

Allan Gregor CUNNINGHAM v. DEPARTMENT OF the NAVY.

United States District Court, D. Connecticut.

September 20, 1978.


Attorney(s) appearing for the Case

David M. Fabricant, New London, Conn., for plaintiff.

Diana Garfield, Asst. U. S. Atty., New Haven, Conn., for defendant.


MEMORANDUM OF DECISION

BLUMENFELD, District Judge.

The plaintiff in this action seeks to enjoin the garnishment of his Navy retirement pay ordered by a New York state court. The gravamen of plaintiff's claim lies in a challenge to the constitutionality of the application of New York's matrimonial long-arm statute, N.Y.Civ.Prac.Law (McKinney) § 302(b).1

FACTS

Plaintiff, while in the Navy in October...

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