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CONNER v. BENDER

No. 8868.

125 F.2d 796 (1942)

CONNER v. BENDER et al.

Circuit Court of Appeals, Sixth Circuit.

February 13, 1942.

Attorney(s) appearing for the Case

G. H. Zeutzius, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Lyle M. Turner, Sp. Assts. to Atty. Gen., Calvin Crawford, of Dayton, Ohio, and Frederic W. Johnson, of Cincinnati, Ohio, on the brief), for appellant.

Walter Schmitt of Cincinnati, Ohio (Bettinger, Schmitt & Kreis, of Cincinnati, Ohio, on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

On May 14, 1925, Stephen Bender entered into an antenuptial contract with Clara Bertrand Pfitzer in which he agreed, in consideration of marriage and in return for a release of her right of dower, allowance for homestead, and for all other rights which she might have as widow, heir, distributee, survivor, or next of kin, to pay her the sum of $15,000 during his lifetime; and in case of his failure to pay this sum during his lifetime he agreed...

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