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SMITH v. SMITH

No. 4122.

36 F.Supp. 412 (1940)

SMITH v. SMITH.

District Court of the United States for the District of Columbia.

December 18, 1940.

Attorney(s) appearing for the Case

Byron G. Carson, of Washington, D. C., for plaintiff.

William H. Yeatman, of Washington, D. C., for defendant.

LUHRING, Justice.

The plaintiff seeks an absolute divorce on the ground of voluntary separation for more than five years, or, in the alternative, a declaration that a divorce obtained by him in Mexico is valid. The complaint was filed in this court September 15, 1939.

Counsel appointed by the court to defend files a motion to dismiss the complaint for insufficiency on the following grounds:

"1. The complaint alleges a decree divorcing plaintiff and...

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