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DOREY v. DOREY

No. 77-2879.

609 F.2d 1128 (1980)

Edith W. DOREY, Plaintiff-Appellee, v. Francis DOREY, etc., Defendant-Appellant, Leo E. Costello, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 14, 1980.

Attorney(s) appearing for the Case

Fred Blanton, Jr., Birmingham, Ala., for Costello.

Leo E. Costello, Birmingham, Ala., for Francis Dorey.

John D. Prince, Jr., Birmingham, Ala., for plaintiff-appellee.

Before SIMPSON, CHARLES CLARK and FRANK M. JOHNSON, Jr., Circuit Judges.

Rehearing and Rehearing En Banc Denied February 14, 1980.

FRANK M. JOHNSON, Jr., Circuit Judge:

Francis and Edith Dorey1 were married in Massachusetts in 1938. Over a period of more than twenty-five years their marital relationship deteriorated to the extent that in 1965 Mrs. Dorey filed suit in California for separate maintenance.2 In August, 1966, the California court entered an interlocutory judgment...

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