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GRAMM v. LINCOLN

No. 15801.

257 F.2d 250 (1958)

Gladys E. Lincoln GRAMM, Appellant, v. Elizabeth LINCOLN, Executrix of the Last Will and Testament of Henry Lincoln, Deceased, Appellee.

United States Court of Appeals Ninth Circuit.

July 8, 1958.

Attorney(s) appearing for the Case

Frank E. Chalfant, Sr., Raymond L. Givens, Boise, Idaho, for appellant.

Karl Paine, Joseph N. Leggat, Boise, Idaho, Leonard & Dole, Richard M. Leonard, Stuart R. Dole, San Francisco, Cal., for appellee.

Before ORR, POPE, and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge.

The former wife of Henry Lincoln, deceased, brought this action against his widow, Elizabeth Lincoln, in her capacity as executrix of his estate. The original purpose of the action was to obtain specific performance of an agreement by Lincoln to pay alimony to plaintiff. In the alternative, the plaintiff, Gladys E. Lincoln Gramm, asked for judgment in the sum of $25,500 for unpaid alimony. Jurisdiction was based on diversity of citizenship....

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