No. 03-2281.

407 F.3d 501 (2005)

Gail M. NORTON, Plaintiff, Appellant, v. David J. McOSKER, Executor of the Estate of Russell J. Hoyt, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 19, 2005.

Attorney(s) appearing for the Case

J. Ronald Fishbein, with whom Edward John Mulligan, were on brief, for appellant.

Gerald C. DeMaria, with whom Higgins, Cavanagh & Cooney, LLP, was on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SARIS, District Judge.

TORRUELLA, Circuit Judge.

Plaintiff-appellant, Gail M. Norton, engaged in an adulterous relationship with decedent, Russell L. Hoyt, for twenty-three years.1 During the course of the relationship, Hoyt allegedly maintained that he would divorce his wife, marry Norton, and support Norton for the rest of her life. Following the end of the relationship, when it became apparent to Norton that Hoyt would not continue to support her and that...

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