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KIMMELL v. KIMMELL

No. 9785.

171 F.2d 340 (1948)

KIMMELL v. KIMMELL.

United States Court of Appeals District of Columbia Circuit.

Decided December 6, 1948.

Attorney(s) appearing for the Case

Mr. Arthur J. Hilland, of Washington, D. C., for appellant.

Mr. Harry J. Harth, of Washington, D. C., with whom Mr. Earl H. Davis, of Washington, D. C., was on the brief, for appellee.

Before EDGERTON, CLARK and WILBUR K. MILLER, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal taken by Thelma Kimmell from the judgment of the District Court dismissing her complaint in an action brought against her husband, Charles Kimmell (appellee herein), seeking a legal separation from bed and board on the ground of cruelty under § 16 — 403 of the D.C.Code 1940. Thelma's complaint recites that Charles had been physically and mentally cruel to her, that he struck her on at least one occasion and has many...

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