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SPEARMAN v. SPEARMAN

No. 72-2965.

482 F.2d 1203 (1973)

Mary SPEARMAN, Defendant-Appellee, v. Viva SPEARMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 13, 1973.

Attorney(s) appearing for the Case

C. H. Erskine Smith, Birmingham, Ala., Herbert A. Schwartz, Pacific Grove, Cal., for defendant-appellant.

Charles E. Floyd, C. Neal Pope, Phenix City, Ala., for defendant-appellee.

Before BELL, INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This case requires us to decide which of two claimants qualifies as the "widow" under a policy of life insurance issued pursuant to the Federal Employees' Group Life Insurance Act, 5 U.S.C.A. § 8701 et seq. The District Court found that, although both claimants had married the insured, the second wife did not qualify as the insured's "lawful widow" because she did not establish that insured's first marriage had been terminated by either...

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