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FOULKE BY FOULKE v. FOULKE

No. 95 Civ. 6461 (BDP).

896 F.Supp. 158 (1995)

Kirsten FOULKE, by her next friend, John H. FOULKE, Plaintiff, v. Bonnie Ann FOULKE, Angelo J. Ingrassia, and Jeffrey Salant, Defendants.

United States District Court, S.D. New York.

August 29, 1995.

Attorney(s) appearing for the Case

George L. Barnett, P.C., Brewster, NY, for plaintiff.

Daniel D. Molinoff, Larchmont, NY, for defendant Bonnie Ann Foulke.

David S. Cook, Senior Attorney, New York City, Dennis C. Vacco, Attorney General of the State of New York, Albany, NY, for defendant Angelo J. Ingrassia.

MEMORANDUM OPINION

KAPLAN, District Judge.

This motion, which the Court treats as one for a preliminary injunction, is an unfortunate by-product of a contentious divorce case in the New York State courts in which the five year old child of the marriage unfortunately has become the center of a contest of wills between her parents. The plaintiff claims that he was denied procedural due process by the State court in that no evidentiary hearing was held on his...

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