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BLUM v. PROBATE COURT OF CHITTENDEN CTY., VT.

Nos. 497, 498, Dockets 77-7215, 77-7267.

590 F.2d 407 (1978)

Jay BLUM, Plaintiff-Appellant, v. PROBATE COURT OF CHITTENDEN COUNTY, VERMONT, L. John Cain, Judge of Chittenden Probate Court, Joseph Handy, Commissioner, Department of Social Rehabilitative Services, Vermont, Dale and Jeanne Goldhaber of Burlington, Vermont, Robert Polworth, Clerk, Superior Court, Chittenden County, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 12, 1978.

Petition for Rehearing Filed April 27, 1978.

Decided January 17, 1979.

Attorney(s) appearing for the Case

Jay Blum, pro se.

M. Jerome Diamond, Atty. Gen., Montpelier, Vt., for defendants-appellees Joseph Handy and Probate Court of Chittenden County.

Michael McShane, Asst. Atty. Gen., Montpelier, Vt., for defendant-appellee Joseph Handy.

Michael R. Gadue, Asst. Atty. Gen., Burlington, Vt., for defendant-appellee Probate Court of Chittenden County.

Blum Associates, Inc., by Richard C. Blum, Burlington, Vt., for defendants-appellees Dale and Jeanne Goldhaber.

Before LUMBARD, MOORE and MULLIGAN, Circuit Judges.

PER CURIAM:

Jay Blum's petition for rehearing questions the basis for the district court finding that Blum had received notice of, but chose not to attend, the hearing in the Massachusetts court that determined custody of his son. We relied on that finding in affirming the dismissal of Blum's amended complaint. 2nd Cir., 575 F.2d 50 (1978).

Blum's amended complaint, according to his second attorney, should have omitted paragraph...

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