McINTYRE v. McINTYRE

No. 84-4174.

771 F.2d 1316 (1985)

William J. McINTYRE, Plaintiff-Appellant, v. Thairyl A. McINTYRE, aka Thairyl A. Austin; Velma Ardus Green Austin; John I. Dearing; Shairyl A. Dearing; and the marital community of John I. Dearing and Shairyl A. Dearing, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1985.


Attorney(s) appearing for the Case

Stanley R. Byrd, Inc., P.S., Stanley R. Byrd, Seattle, Wash., for plaintiff-appellant.

Kargianis & Austin, John I. Weston, Jr., Lawrence & Velategui, Carlos Y. Veletegui, Barnes & Bodabough, Bernard J. Barnes, Seattle, Wash., for defendants-appellees.

Before WRIGHT and KENNEDY, Circuit Judges, and MacBRIDE, District Judge.


KENNEDY, Circuit Judge:

This case raises the question of whether a federal court has jurisdiction of a tort action between former spouses involving allegations of interference with the noncustodial father's visitation rights with his minor daughter. We conclude that jurisdiction exists, and we reverse the judgment of the district court dismissing the case.

Appellant William McIntyre, a resident of West Virginia, brought this action in federal district court...

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