COLE v. COLE

No. 79-1332.

633 F.2d 1083 (1980)

James D. COLE, Appellant, v. Mary Franklin Carter COLE, Dale Padgett, J. H. Padgett, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1980.


Attorney(s) appearing for the Case

Frank D. Cherry, Jr., James J. Wall, Cherry & Wall, Wilmington, N.C., on brief, for appellant.

Joseph C. Olschner, Roger A. Moore, Jacksonville, N.C., F. E. Wallace, Jr., Wallace, Langley, Barwick & Landis, Kinston, N.C., on brief, for appellees.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and HAWKINS, District Judge.


MURNAGHAN, Circuit Judge:

Plaintiff's suit was terminated in the district court partly by a grant of summary judgment, partly by a ruling that plaintiff had failed to state a claim on which relief could be granted, and partly by a ruling that some of plaintiff's claims fell within the domestic-relations exception to federal diversity jurisdiction. We affirm in part and reverse in part.

I.

On November 16, 1977, James D. Cole, a resident of Georgia...

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