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DARRELL v. DARRELL

No. 44182.

215 N.W.2d 789 (1974)

Margaret W. DARRELL, Appellant, v. David C. DARRELL, Respondent.

Supreme Court of Minnesota.

March 8, 1974.

Attorney(s) appearing for the Case

Romaine R. Powell and John P. Bailey, Bemidji, for appellant.

David C. Darrell, pro se.

Considered and decided by the court without oral argument.

PER CURIAM.

This appeal arises out of an uncontested action brought by a wife to annul her marriage for fraud on the part of her husband in failing to disclose his impotence. The trial court dismissed the complaint on the ground there had been "cohabitation" within the meaning of Minn.St. 518.02. We reverse.

There is no dispute in the facts. Plaintiff and defendant were 40 and 45 years old respectively at the time of the hearing. Prior to their marriage on...

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