FINKBINER v. FINKBINER

No. 7790.

340 F.2d 878 (1965)

Jessie L. FINKBINER, Appellant, v. Robert W. FINKBINER, Appellee.

United States Court of Appeals Tenth Circuit.

January 29, 1965.


Attorney(s) appearing for the Case

J. J. Hickey, Cheyenne, Wyo. (Hickey, Rooney & Walton, Cheyenne, Wyo., with him on the brief), for appellant.

W. A. Smith, Lander, Wyo. (Smith, Harnsberger & Johnson, Lander, Wyo., with him on the brief), for appellee.

Before PICKETT, LEWIS and SETH, Circuit Judges.


SETH, Circuit Judge.

This is an appeal from an order by the United States District Court for the District of Wyoming, granting appellee's motion to dismiss. The motion was granted on the ground that the court lacked jurisdiction, since the action concerned a property settlement agreement which had been merged into a divorce decree granted by a Wyoming state court and hence could not be collaterally attacked.

The appellant by her complaint in the trial court...

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