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McMILLION v. McMILLION

No. 73-200.

522 P.2d 125 (1974)

James H. McMILLION, Plaintiff-Appellee, v. Bernice D. McMILLION, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

May 7, 1974.

Attorney(s) appearing for the Case

Agee & Fann, Ron E. Ewing, Colorado Springs, for plaintiff-appellee.

Michael J. Wood, Colorado Springs, for defendant-appellant.

Not Selected for Official Publication.

PIERCE, Judge.

In March of 1968, plaintiff (husband) filed an action for divorce on the grounds that the parties had lived separate and apart for a period of three consecutive years by force of a separate maintenance decree entered in March of 1965. The parties had entered into a separation agreement which had been incorporated into that decree. The agreement provided in pertinent part:

"Wife hereby agrees to...

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