Legal Opinion

Commonwealth of Pennsylvania ex rel. Gittman v. Gittman

Court of Appeals for the Third Circuit

Decided November 9, 1971No. Nos. 71-1290, 71-1291PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Appellant Cole Gittman, Jr., was sued by his wife under 18 P.S. § 47331 for the support and maintenance of his three minor children who reside with her in Pennsylvania. He has claimed that the proceedings required by the State of Pennsylvania in such cases are essentially criminal in nature but fail to guaranty a defendant various constitutional rights.

Pursuant to 28 U.S.C. § 1443,2 the civil rights removal statute, appellant filed a petition to remove the support action filed against him by his wife in the Court of Common Pleas of Delaware County, Pennsylvania, to the…

3Cases cited5 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. City of Greenwood v. PeacockSupreme Court of the United States · 1966
  3. Georgia v. RachelSupreme Court of the United States · 1966
  4. Pennsylvania Ex Rel. Judith Rothenberg (Beers) v. Lewis S. BeersCourt of Appeals for the Third Circuit · 1971
  5. Dillard v. Family Court, Queens CountyCourt of Appeals for the Second Circuit · 1968

4Cited by5 opinions

  1. Thomas Wayne Milligan v. Laurie Ann MilliganCourt of Appeals for the Eighth Circuit · 1973
  2. Bar Association of Baltimore City v. PosnerDistrict Court, D. Maryland · 1975
  3. Housing Authority of Newark v. HenryDistrict Court, D. New Jersey · 1971
  4. Anderson v. State of Neb.District Court, D. Nebraska · 1981
  5. Commonwealth of Pennsylvania Ex Rel. Nancy R. Gittman v. Cole Y. Gittman, Jr., (Court of Common Pleas of Delaware County, Penna. Criminal Action-Law, No. F16-83, Sept. Term, 1970), in No. 71-1290. Commonwealth of Pennsylvania Ex Rel. Nancy R. Gittman v. Cole L. Gittman, Jr., (Defendant, Court of Common Pleas of Delaware County, Penna. Criminal Action-Law, No. F-16-83, Sept. Term, 1970. In Contempt)Court of Appeals for the Third Circuit · 1971

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