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MacPherson v. MacPherson

496 F.2d 258 (1974)

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MacPherson v. MacPherson

United States Court of Appeals for the Sixth Circuit

496 F.2d 258 (1974)

Facts

In 1967, Charles MacPherson (defendant) and Dorothy MacPherson (plaintiff) entered into a separation agreement. The agreement was finalized in Connecticut and provided that Dorothy was to receive monthly spousal support from Charles until she remarried. In January 1968, Charles remarried and had a child. In April 1968, Dorothy married Frank L. Miles. Following Dorothy’s remarriage, Charles stopped paying spousal support. In October 1968, Dorothy realized that Miles’s previous marriage had not been terminated. Dorothy left Miles and moved to Illinois, where she sought an annulment. In November 1971, the district court declared the marriage between Dorothy and Miles void ab initio. Dorothy then filed an action against Charles for a continuation of the spousal support. Dorothy claimed that the term remarriage required a valid marriage and that because her marriage to Miles was declared void due to bigotry, Dorothy had never remarried. The district court, located in Illinois, entered a verdict in favor of Dorothy. The matter was appealed to the United States Court of Appeals for the Sixth Circuit. On appeal, the court considered whether, under Connecticut law, the term remarried required a valid marriage.

Rule of Law

Issue

Holding and Reasoning (Phillips, C.J.)

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