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BODDIE v. STATE OF CONNECTICUT

Civ. No. 12513.

286 F.Supp. 968 (1968)

Gladys BODDIE, Bertha Barker, Ann De Nicola, Maryann Dozier, Betty Ann Perez, Catherine Strain, Mary Wierzbicki, Mamie Williams, Mary Yeaton, and all other persons similarly situated, Plaintiffs, v. The STATE OF CONNECTICUT; Edward Horwitz, Clerk of the Superior Court of Connecticut for New Haven County; Judge Joseph S. Longo, Superior Court of Connecticut; Justice John P. Cotter, Court Administrator, Supreme Court of Connecticut, Defendants.

United States District Court D. Connecticut.

July 17, 1968.

Attorney(s) appearing for the Case

Arthur B. LaFrance and Joseph M. Shortall, New Haven Legal Assistance Assn., Inc., New Haven, Conn., for plaintiffs.

Jack Greenberg, Leroy D. Clark and Philip G. Schrag, New York City, for plaintiffs.

Samuel W. Bowlby, New Haven, Conn., for New Haven Civil Liberties Counsel, amicus curiae.

Robert K. Killian, Atty. Gen., State of Connecticut, Raymond J. Cannon, and Edward J. Peters, Jr., Asst. Atty. Gen., Hartford, Conn., for defendants.

Before SMITH, Circuit Judge, and BLUMENFELD and CLARIE, District Judges.

MEMORANDUM OF DECISION ON MOTION TO DISMISS

J. JOSEPH SMITH, Circuit Judge.

This case presents the question whether a state denies the equal protection of the laws guaranteed by the Fourteenth Amendment when it requires indigent persons seeking divorce to pay filing fees and costs which they are unable to pay before allowing them the access to the state courts which is necessary to obtaining a divorce.

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