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GARTIN v. GARTIN

384 S.W.2d 298 (1964)

Robert B. GARTIN, Appellant, v. Betty L. GARTIN, Appellee.

Court of Appeals of Kentucky.

November 20, 1964.

Attorney(s) appearing for the Case

Hatcher & Lewis, Elizabethtown, for appellant.

John Arnett, Elizabethtown, for appellee.

CULLEN, Commissioner.

Robert B. Gartin appeals from a judgment which dismissed his complaint seeking a divorce on the ground of cruel and inhuman treatment. The judgment also dismissed the wife's counterclaim in which she had asked for a divorce on a similar ground.

The trial judge's memorandum opinion contained these recitations:

"Both plaintiff and defendant testify to facts which might constitute cruel and inhuman treatment, however each party...

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