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In re Application of Avans

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


September 23, 2008

IN RE: APPLICATION OF ARIEL ADAN ELENA ESTHER AVANS, APPELLANT

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY (D.C. Civil No. 04-cv-05155) District Judge: The Honorable William H. Walls

The opinion of the court was delivered by: Maryanne Trump Barry Circuit Judge

Argued: September 22, 2008

Before: BARRY, AMBRO and GARTH, Circuit Judges

JUDGMENT ORDER

This case came on to be heard on the record from the United States District Court for the District of New Jersey and was argued on September 22, 2008. After careful consideration of the briefs, the record, and the arguments of counsel on appeal, At the conclusion of argument and from the bench on September 22, 2008, this Court ORDERED that the June 26, 2007 and July 20, 2007 Orders of the District Court be reversed, and the matter remanded to the District Court with instructions that the petition pursuant to the Hague Convention be immediately dismissed. Each party is to bear its own costs.

20080923

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