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FOLSOM v. FURBER

No. 13398.

256 F.2d 120 (1958)

Marion B. FOLSOM, Secretary of Health, Education and Welfare, Appellant, v. Pauline FURBER, on behalf of Roberta Miller and Allen L. Miller, Minor-claimants, Appellee.

United States Court of Appeals Sixth Circuit.

May 22, 1958.

Attorney(s) appearing for the Case

Seymour Farber, Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Samuel D. Slade, and Seymour Farber, Washington, D. C., Sumner Canary, U. S. Atty., Cleveland, Ohio, on the brief, for appellant.

Isadore R. Rosenblatt, University Heights, Ohio, on the brief, for appellee.

Before SIMONS, Chief Judge, and MARTIN and BAZELON, Circuit Judges.

PER CURIAM.

In this case, the district court held that a now deceased former wage-earner, Andrew A. Miller, entered into an agreement with Pauline Furber, appellee [then the divorced wife of John Marti], in September of 1939, to live together as common-law husband and wife; that, thereupon, they entered into that status and lived together continuously until his death on April 21, 1944, during which time they held themselves out to their relatives and friends, as well...

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