Third Circuit disposition — 073233npo-pdf

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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-3233
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
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

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petition pursuant to the Hague Convention be immediately dismissed. Each party is to
bear its own costs.
BY THE COURT:
/s/Maryanne Trump Barry
Circuit Judge
Dated: September 23, 2008
TMK/cc: Peter D. Alvino, Esq.
Teri S. Appelson, Esq.
Leonard O. Evans, Esq.
Elliot Gourvitz, Esq.
Joanna L. Hewitson, Esq,
Catherine M. Krow, Esq.
Walter A. Lesnevich, Esq.
Rebecca F. Lubens, Esq.
Daniel F. Mulvihill, Esq.
Jason W. Rockwell, Esq.

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