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RHEIN v. RHEIN

No. 36,415.

244 Minn. 260 (1955)

RONALD J. RHEIN v. MARIE R. RHEIN.

Supreme Court of Minnesota.

April 1, 1955.

Attorney(s) appearing for the Case

Hyman Cohen and Robins, Davis & Lyons, for appellant.

Gustav C. Axelrod and Edward T. Donohue, for respondent.

DELL, CHIEF JUSTICE.

Action for divorce voluntarily dismissed by the plaintiff prior to trial. Defendant appeals from an order denying her motion for attorney's fees and other expenses incurred.

On September 3, 1953, plaintiff commenced an action for divorce on the grounds of cruel and inhuman treatment. Defendant interposed an answer which, in the main, denied plaintiff's allegations and alleged cruel and inhuman treatment on his part. The answer

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