FRANKS v. SMITH

No. 82-4572 Summary Calendar.

717 F.2d 183 (1983)

J.D. FRANKS and Margaret Franks, Plaintiffs-Appellants, v. Van SMITH, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 14, 1983.


Attorney(s) appearing for the Case

Jim Waide, West Point, Miss., for plaintiffs-appellants.

James M. Ward, Starkville, Miss., for defendants-appellees.

P. Roger Googe, Asst. Atty. Gen., Jackson, Miss., William H. Ward, Starkville, Miss., for Michael McCormick.

Before CLARK, Chief Judge, RUBIN and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge.

I.

This appeal comes to us from the dismissal by the district court of the complaint which alleged a cause of action under 42 U.S.C. § 1983 based upon claimed violations of the fourth amendment and the Due Process Clause. The district court, finding that the facts contained in the complaint amounted to nothing more than a domestic relations dispute, dismissed the complaint for lack of subject matter jurisdiction. We agree...

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