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MARTIN v. MARTIN

No. 38525.

561 S.W.2d 396 (1977)

Charles Phillip MARTIN, Jr., Appellant, v. Magnolia MARTIN (Brooks), Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing and/or Transfer Denied February 14, 1978.

Application to Transfer Denied March 13, 1978.

Attorney(s) appearing for the Case

Earnest L. Keathley, Jr., St. Louis, for appellant.

Kero Spiroff, St. Louis, for respondent.

CLEMENS, Presiding Judge.

By a suit in equity plaintiff Charles Martin sues to set aside the paternity portion of defendant's 1971 divorce decree. He now contends his wife then fraudulently stated he was the father of her child. The present case is plaintiff's second challenge to that part of the divorce decree and this raises in an issue of res judicata. This, because: "When a fact has been directly tried and settled by a court of competent jurisdiction, it...

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