Kelso v. Kelso

WALLACE, District Judge.

The plaintiff, Jerry Mae Kelso, brings this action under the Federal Declaratory Judgment Act1 to have certain provisions of her property settlement agreement which was merged in her divorce decree construed and interpreted. The defendant, Emerson R. Kelso, plaintiff’s former husband, asserts that he has *296.faithfully complied with the state court decree in regard to the settlement of property rights between the parties, denies the ambiguity of any of the decree’s provisions, and urges that the instant case is merely an attempt to re-litigate and collaterally challenge a…