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MORGAN v. MORGAN

No. 130, Docket 22527.

201 F.2d 868 (1953)

MORGAN v. MORGAN.

United States Court of Appeals Second Circuit.

Decided February 5, 1953.

Attorney(s) appearing for the Case

MacFarlane, Harris, Dankoff, Martin & Smith, Rochester, N. Y., for plaintiff-appellee; Darrow A. Dutcher, Rochester, N. Y., of counsel.

Lombardo & Pickard, Jamestown, N. Y., for defendant-appellant; Clarence G. Pickard, Jamestown, N. Y., of counsel.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff and the defendant were married in 1935. In 1946 they executed an instrument, dated March 9 and acknowledged March 11 of that year, which provided that they should live apart and would not molest one another. A division of their properties was made and the plaintiff agreed not to compete with the business previously conducted by herself and her husband jointly. They further agreed that the wife should have custody of their...

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