Milligan v. Milligan, 73-1382.
| Decision Date | 26 July 1973 |
| Docket Number | No. 73-1382.,73-1382. |
| Citation | 484 F.2d 446 |
| Parties | Thomas Wayne MILLIGAN, Appellant, v. Laurie Ann MILLIGAN, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Paul A. Kyyhkynen, Minneapolis, Minn., for appellee.
Before HEANEY, BRIGHT and ROSS, Circuit Judges.
Thomas W. Milligan was a defendant in a divorce action brought by Laurie Ann Milligan in the Minnesota courts. Mr. Milligan attempted to remove the action to federal court, but after a hearing, the action was remanded to state court. Mr. Milligan appealed to this Court and Mrs. Milligan has filed a motion for summary affirmance of the order of remand pursuant to Rule 8 of the Rules of this Court.1 We grant the motion.
On March 16, 1973, a hearing was held in state court on a motion for temporary relief. Mr. Milligan was ordered to pay temporary child support and attorney's fees. He was ordered to move from the couple's home and to give up, temporarily, possession of the family auto. Mrs. Milligan was awarded temporary custody of the children.
On April 12, 1973, Mr. Milligan filed a petition for removal of the action to federal court. The substance of the petition was that the prior state court order was the product of unlawful sex discrimination since both parties stood on an equal footing in all respects, including employment experience, income earned, and ability to care for the children. A hearing was held and the district court found that the action was not subject to removal. The court then ordered the action remanded to state court.
In granting the pending motion, we make the following comments:
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