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U.S. judge throws out Smith's $474 million award
LOS ANGELES, California (CNN) -- A federal judge has thrown out a $474 million municipal bankruptcy court judgment awarded to former Playboy Playmate Anna Nicole Smith. U.S. District Judge David Carter vacated the ruling, saying federal court has jurisdiction over Smith's claim to the estate of her late husband, Texas billionaire J. Howard Marshall. Smith was awarded the money in September by a Los Angeles bankruptcy judge, who ruled that Marshall's younger son, Pierce Marshall, had deprived Smith of her "expectancy of an inheritance." Carter's ruling paves the way for him to issue his own decision in the case. Thursday's ruling effectively transformed the prior court ruling into a recommendation that Carter may use as an element in his final decision, though he has yet to rule on the merits of the bankruptcy court ruling. Carter set the next hearing date for Monday, June 4.
Smith's attorney, Rex Heinke, told CNN he and his client are "delighted that Carter has rejected (Pierce) Marshall's fundamental argument that this case never should have been in federal court." Attorneys representing Pierce Marshall had argued in favor of a Texas probate court taking jurisdiction in the matter. Smith maintains her late husband promised her the money as a gift and claims that Pierce Marshall interfered with that gift. Marshall contends that his late father never included Smith in his will and that Smith is not entitled to any of his estate. Smith, whose real name is Vickie Lynn Marshall, was 26 when she married the 89-year-old oil tycoon, whom she met at a Houston strip club where she was a topless dancer. He died 14 months after they were married. Ever since her husband's death, Smith has maintained he verbally promised her half his estate, valued between $48 million and $1.6 billion. His will, however, left her nothing and gave half instead to Pierce Marshall, the youngest of his two sons. Marshall's eldest son, Howard III, maintains he had also been promised half the fortune and had sued alongside Smith. |
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