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MILLER v. MILLER

No. 2568.

134 F.2d 583 (1943)

MILLER v. MILLER.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied April 19, 1943.

Attorney(s) appearing for the Case

John Ladner, of Tulsa, Okl. (Carl H. Livingston, of Tulsa, Okl., on the brief), for appellant.

A. F. Moss, of Tulsa, Okl. (Lloyd G. Owen, of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The appellant, Elsie A. Miller, a resident of New Jersey, sued her former husband, a resident of Oklahoma, to recover arrearages and the liquidated value of an alleged separate maintenance agreement between the parties, alleging the requisite amount in controversy. The trial court sustained a motion to dismiss the petition, and entered judgment for the appellee on the grounds, (1) that the alleged contract was unenforceable because of its indefiniteness...

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