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COLES v. COLES

No. 3433.

200 A.2d 193 (1964)

Eulalia Shizu COLES, Appellant, v. Winston Ward COLES, Appellee.

District of Columbia Court of Appeals.

Decided April 30, 1964.

Attorney(s) appearing for the Case

Jackson Brodsky, Washington, D. C., for appellant.

Michael A. Schuchat, Washington, D. C., for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

QUINN, Associate Judge:

This is an appeal by a wife from dismissal of her complaint for an absolute divorce on the ground of two years' desertion. Code 1961, § 16-403. The memorandum opinion of the trial judge stated:

"The sole question before the Court is: By execution of the Agreement signed by both parties on May 16, 1961, was the action of plaintiff for desertion barred on the ground that a voluntary separation had been entered into by the parties...

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