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McINTOSH v. BENJAMIN

Nos. 11271, 11272.

219 F.2d 27 (1954)

John K. McINTOSH, Appellant, v. Katherine O. BENJAMIN, Individually and as next friend of Carol Ann Benjamin, Infant, Appellee. Katherine O. BENJAMIN, Individually and as next friend of Carol Ann Benjamin, Infant, Appellant, v. John K. McINTOSH, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 4, 1954.

Petition for Rehearing Denied December 8, 1954.

Attorney(s) appearing for the Case

Mr. Mark P. Friedlander, Washington, D. C., for McIntosh.

Mr. David Carliner, Washington, D. C., for Benjamin.

Before STEPHENS, Chief Judge, and EDGERTON, CLARK, WILBUR K. MILLER, PRETTYMAN, BAZELON, FAHY, WASHINGTON and DANAHER, Circuit Judges.

PER CURIAM.

This is a suit on an alleged oral contract. Plaintiff is the mother, suing in her own right and as next friend, of an infant child conceived and born during the period of the mother's marriage. Defendant, alleged in the complaint to be the child's father, is a man not then or now the mother's husband. Under the alleged contract the defendant was to pay for the partial support of the child. A money judgment was entered for the plaintiff on the first count...

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