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MORFESSIS v. MORFESSIS

No. 10249.

184 F.2d 468 (1950)

MORFESSIS v. MORFESSIS.

United States Court of Appeals District of Columbia Circuit.

Decided August 28, 1950.

Attorney(s) appearing for the Case

Mr. Eugene X. Murphy, Washington, D. C., with whom Mr. Rex K. Nelson, Washington, D. C., was on the brief, for appellant.

Messrs. Ben Lindas and Joseph H. Schneider, Washington, D. C., entered appearances for appellee.

Before CLARK, BAZELON and WASHINGTON, Circuit Judges.

PER CURIAM:

Mrs. Morfessis appeals from the dismissal of her suit for limited divorce. Since the lower court found that she had failed to establish a prima facie case of cruelty, it dismissed her complaint1 without considering the merits of appellee's defense of desertion.

The findings of the District Court, sitting without a jury, "shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity...

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