ELLIOTT v. ELLIOTT

No. 68 Civ. 2900.

355 F.Supp. 48 (1973)

Jane U. ELLIOTT, Plaintiff, v. Robert B. ELLIOTT, Defendant.

United States District Court, S. D. New York.

February 22, 1973.


Attorney(s) appearing for the Case

Milton S. Zeiberg, New York City, for plaintiff.

Fink, Weinberger & Levin, New York City, for defendant; Samuel G. Fredman, of counsel.


OPINION

ROBERT J. WARD, District Judge.

PRELIMINARY STATEMENT

This action for breach of contract was tried to the Court without a jury. The litigation stems from a Separation Agreement entered into by the parties who were subsequently divorced. The Agreement provided that the husband (defendant herein) pay to the wife (plaintiff herein) support and maintenance of $10,000 annually to be increased or decreased in light of defendant's income.

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