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GASTON v. PITTMAN

No. 26396.

413 F.2d 1031 (1969)

Angela Dorothy GASTON, Appellant, v. John PITTMAN, Appellee.

United States Court of Appeals Fifth Circuit.

July 17, 1969.

Attorney(s) appearing for the Case

W. H. F. Wiltshire, of Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, Fla., for appellant.

W. Spencer Mitchem, Beggs, Lane, Daniel, Gaines & Davis, Pensacola, Fla., for appellee.

Before THORNBERRY and AINSWORTH, Circuit Judges, and DAWKINS, District Judge.

PER CURIAM:

Appellant instituted this Florida diversity action seeking to recover damages against her former husband for a tort committed by him prior to their marriage. The United States District Court, 285 F.Supp. 645, dismissed the complaint on the ground that appellant's action had been extinguished upon her marriage to the defendant-appellee. On appeal, this Court, pursuant to § 25.031 Florida Statutes 1959, F.S.A.,...

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