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MERTES v. MERTES

Civ. A. No. 4438.

350 F.Supp. 472 (1972)

Thomas S. MERTES, Plaintiff, v. Victorine S. MERTES et al., Defendants.

United States District Court, D. Delaware.

November 2, 1972.

Attorney(s) appearing for the Case

John M. Bader and Robert Jacobs, of Bader, Dorsey & Kreshtool, Wilmington, Del., for plaintiff.

Jay Paul James, of Morris, James, Hitchens & Williams, Wilmington, Del., for defendant Victorine S. Mertes.

James T. Perry, Deputy Atty. Gen., Wilmington, Del., for defendants Robert C. O'Hara and Paul E. Neill.

Before HUNTER, Circuit Judge and LATCHUM and STAPLETON, District Judges.

OPINION AND ORDER

LATCHUM, District Judge.

This civil action is before the Court on the defendants' motion to dismiss the plaintiff's challenge to the constitutionality of a Delaware statute providing for division of property upon divorce. The reason asserted for dismissal is that the complaint fails to state a claim upon which relief can be granted in that the action is barred by the doctrine of res judicata.1

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