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WITTE v. JUSTICES OF NEW HAMPSHIRE SUPERIOR COURT

No. 87-1160.

831 F.2d 362 (1987)

Bruce Paul WITTE, Plaintiff, Appellant, v. JUSTICES OF the NEW HAMPSHIRE SUPERIOR COURT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 19, 1987.

Attorney(s) appearing for the Case

Bruce Paul Witte, on brief, for appellant.

Stephen E. Merrill, Atty. Gen., and David S. Peck, Asst. Atty. Gen., Concord, N.H., on brief, for appellee.

Before CAMPBELL, Chief Judge, BOWNES and TORRUELLA, Circuit Judges.

PER CURIAM.

Plaintiff, alleging that the New Hampshire Marital Master Program was unconstitutional and that, as his domestic problems had not yet been finally resolved, he faced a realistic risk of being subjected to it in the near future, brought an action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief. The district court, without holding an evidentiary hearing, dismissed the action on the ground that the marital master system satisfied the...

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