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SMITH v. SMITH

No. 5424.

272 A.2d 845 (1971)

Mathew SMITH, Mary Walker, Appellants, v. Mary L. SMITH, Wesley B. Pugh, Appellees.

District of Columbia Court of Appeals.

Decided January 27, 1971.

Attorney(s) appearing for the Case

Henry H. Brylawski, Washington, D. C., for appellants.

Katherine M. Staley, Washington, D. C., for appellees.

Before KERN, GALLAGHER and PAIR, Associate Judges.

PAIR, Associate Judge:

Challenged by this appeal is an order of the court below, entered sua sponte during a child custody proceeding, declaring a mistrial for failure to join as parties the natural parents of the child involved.

The action was commenced November 18, 1969, as a habeas corpus proceeding to require obedience to an order of the Circuit Court for Prince Georges County, Maryland, entered October 2, 1969, which awarded custody of a minor child,...

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