MARSHALL v. LAURIAULT

No. 03-2801, 03-3282.

372 F.3d 175 (2004)

Elinor F. MARSHALL; Harriet Fenton Parks; Caroll D. Knott; Lindsay Dryden, III; Randolph Fenton, Jr.; Glenn Thornton; Syndie Thornton Smith; Heather Thornton; Matthew C. Fenton, III Thomas T. Fenton, Appellants v. Bruce Lea LAURIAULT; Mercantile-Safe Deposit & Trust Company; K. Donald Proctor; Elizabeth Chandler Lauriault Pierson; Sally Vaughn Lauriault.

United States Court of Appeals, Third Circuit.

June 15, 2004.


Attorney(s) appearing for the Case

Marvin J. Brauth, (Argued), Wilentz, Goldman & Spitzer, P.A., Woodbridge, for Appellants.

Gerard G. Brew, (Argued), Robert A. Mintz, Tammy L. Meyer, McCarter & English, LLP, Newark, for Appellees.

Before SCIRICA, Chief Judge, ROSENN and GREENBERG, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents an unusual challenge to the action of the United States District Court in refusing to declare the State of New Jersey's adult adoption statute unconstitutional for lack of a notice provision. Other difficult questions posed relate to the District Court's diversity jurisdiction to hear a challenge to an adult adoption on state law grounds.

Maria Fenton ("Maria"), now deceased, was one...

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