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SEARS v. SEARS

No. 16141.

293 F.2d 884 (1961)

Mary Griemsman SEARS, Appellant v. John C. SEARS, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 6, 1961.

Petition for Rehearing Denied August 24, 1961.

Attorney(s) appearing for the Case

Mr. Frederick A. Ballard, Washington, D. C., with whom Mr. John W. Kern, III, Washington, D. C., was on the brief, for appellant.

Mr. John Alexander, Washington, D. C., with whom Mr. Walter W. Johnson, Jr., Washington, D. C., was on the brief, for appellee.

Before WILBUR K. MILLER, Chief Judge, and PRETTYMAN and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

In 1929, appellee [plaintiff] married Mary Elizabeth Lynch in New Jersey. They lived together until 1944 and a child, now emancipated, was born of that marriage. In 1942, appellee had met appellant [defendant] at the place of their common employment. They became friendly and appellee told appellant that his marriage to Mary Elizabeth Lynch Sears was "over and dead," even though he was living with her...

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