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MELVIN v. MELVIN

No. 7910.

129 F.2d 39 (1942)

MELVIN v. MELVIN.

United States Court of Appeals for the District of Columbia.

Decided June 8, 1942.

Attorney(s) appearing for the Case

Mr. Cornelius H. Doherty, of Washington, D. C., for appellant.

Mr. James R. Murphy, of Washington, D. C., with whom Mr. William L. Woodward, Jr., of Washington, D. C., was on the brief, for appellee.

Before GRONER, Chief Justice, and STEPHENS, MILLER, VINSON, EDGERTON, and RUTLEDGE, Associate Justices.

EDGERTON, Associate Justice.

This is a wife's suit for separate maintenance. The District Court awarded her $100 a month, together with counsel fees, and the husband appeals. His salary is $4,600 a year.

Our statute provides: "Whenever any husband shall fail or refuse to maintain his wife and minor children, if any, although able so to do, the court, on application of the wife, may decree that he shall pay her, periodically, such sums as would be allowed to...

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