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COLEMAN v. COLEMAN

28 Misc.2d 994 (1961)

John E. Coleman, Plaintiff, v. Mary R. Coleman, Defendant.

Supreme Court, Special Term, Erie County.

March 22, 1961

Attorney(s) appearing for the Case

Goldberg & Rothschild (Arthur L. Rothschild of counsel), for defendant. Lipsitz, Green, Fahringer & Fleming (Herald P. Fahringer, Jr., of counsel), for plaintiff.

MATTHEW J. JASEN, J.

This is a motion by defendant for an order to set aside a decree of divorce granted against her and to allow an answer to be interposed.

The parties were married in 1953. A child was born in 1954 and another in 1955. The plaintiff, a member of the United States Army, was on overseas duty from May, 1956 to November, 1957. A third child was born to the defendant on May 3, 1958. A decree of divorce by default was granted plaintiff...

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