DiRUGGIERO v. RODGERS

Nos. 83-5481, 83-5628.

743 F.2d 1009 (1984)

DiRUGGIERO, Douglas C., and Douglas C. DiRuggiero as Guardian ad Litem for Douglas DiRuggiero, Jr. and Paul DiRuggiero v. RODGERS, Rebecca J., (formerly DiRuggiero), Ted Rodgers, her husband, Gina DiRuggiero, Wendy Rodgers, Larry Thomas Black, J. Michael Todd, T. Patrick Matus, Resa L. Harris, the General Court of Justice of the State of North Carolina, County of Mecklenberg, and the State of North Carolina Appeal of Douglas C. DiRUGGIERO, Sr., Guardian ad Litem for Douglas DiRuggiero, Jr. and Paul DiRuggiero.

United States Court of Appeals, Third Circuit.

Decided September 17, 1984.


Attorney(s) appearing for the Case

James P. Yudes (Argued), Francis X. Gavin, Mountainside, N.J., for appellants.

George Daly (Argued), Charlotte, N.C., Mark S. Kundla, Bumgardner, Hardin & Ellis, Newark, N.J., for Rebecca J. Rodgers, Ted Rodgers, Gina DiRuggiero, Wendy Rodgers, and Larry Thomas Black.

George W. Fisher (argued), Mason, Griffin & Pierson, Princeton, N.J., for State of North Carolina and North Carolina District Judges Todd, Matus and Harris; Rufus L. Edmisten, Atty. Gen. of N.C., Henry T. Rosser, Asst. Atty. Gen. of N.C., Raleigh, N.C., of counsel.

Before GIBBONS and SLOVITER, Circuit Judges, and MENCER, District Judge.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

In Flood v. Braaten, 727 F.2d 303 (3d Cir.1984), this court held that a claim alleging noncompliance with the Parental Kidnapping Prevention Act of 1980 (PKPA)1 arises under federal law within the meaning of 28 U.S.C. § 1331 (1982). In this case we are asked to decide whether the so-called "domestic relations" exception to the diversity...

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