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EBERLY v. EBERLY

[No. 170, September Term, 1968.]

253 Md. 132 (1969)

251 A.2d 900

EBERLY v. EBERLY

Court of Appeals of Maryland.

Decided April 7, 1969.

Attorney(s) appearing for the Case

William J. Dwyer for appellant.

John H. Urner and Daniel W. Moylan, with whom were Bushong, Byron, Moylan & Urner on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, SINGLEY and SMITH, JJ.

PER CURIAM:

This is an appeal by the husband from a decree of the Circuit Court for Washington County granting the wife a divorce a mensa et thoro on the ground of desertion and dismissing the husband's cross bill of complaint for divorce a mensa et thoro on the ground of constructive desertion.

Examination of the record reveals that the appeal was filed May 9, 1968. The decree was dated May 7, 1968, but not filed until May 10, 1968. The relevant...

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