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Groucho Marx's daughter tearfully testified today that Erin Fleming,...

By AURELIO ROJAS

SANTA MONICA, Calif. -- Groucho Marx's daughter tearfully testified today that Erin Fleming, her father's companion before his death, changed a sharp old man into a nodding, incoherent invalid by giving him drugs.

Melinda Marx Miller, 36, the youngest of the comedian's three children, described how her father changed after meeting Miss Fleming in 1971.

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'The main difference is when I would come over he would always be drugged,' Miss Miller said. 'Before, he had been old, but he was still sharp. But then, he began to always nod and he lost his ability to be coherent.'

Miss Miller, a surprise witness on the sixth day of a civil suit involving Marx's estimated $2.6 million estate, then broke down on the stand and Superior Court Judge Jacqueline Weiss called a recess.

The Bank of America, as executor of the estate, is suing Miss Fleming for $1.4 million, claiming the former showgirl and Marx's companion for the final years of his life took $400,000 by deceit.

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The comedian's former nurse testified Thursday that Miss Fleming had Marx convinced he was senile and arguments between them dangerously increased his blood pressure.

Barbara Winger Bruner, who worked for Marx for nine months until she was dismissed in July 1977, testified that Miss Fleming arranged for Marx to see several psychiatrists and eventually convinced him he was senile.

'As time went on, he just resigned himself to it by saying, 'I guess she's right; she's always right,'' the nurse testified.

The Bank of America, as executor of the estate, is suing Miss Fleming for $1.4 million, claiming the former showgirl and Marx's companion for the final years of his life took $400,000 by deceit.

The comedian's former nurse testified Thursday that Miss Fleming had Marx convinced he was senile and arguments between them dangerously increased his blood pressure.

Barbara Winger Bruner, who worked for Marx for nine months until she was dismissed in July 1977, testified that Miss Fleming arranged for Marx to see several psychiatrists and eventually convinced him he was senile.

'As time went on, he just resigned himself to it by saying, 'I guess she's right; she's always right,'' the nurse testified.

Miss Bruner said Marx was 'generally calmer' when Miss Fleming was not around, and recounted one of several arguments between the pair. Miss Fleming, she said, had been sleeping in Marx's bed when he asked her to leave and she became hostile and abusive.

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'She used a lot of profanity,' Miss Bruner testified. 'He told her to leave the house immediately and not come back until she apologized.'

Miss Fleming eventually apologized, Miss Bruner said, but added that such incidents disturbed Marx and dangerously increased his blood pressure. She said the comedian had a history of strokes.

'I think he felt things were happening out of his control,' Miss Bruner said. 'People were leaving that he was very close to.'

During cross examination, Miss Fleming's attorney, David Sabih, asked Miss Bruner if Marx and Miss Fleming ever shared moments of happiness.

'Oh, yes,' Miss Bruner said, and added that while the rigorous social and business engagements Miss Fleming arranged for Marx 'left their toll on him,' the resulting public exposure and attention he got made him 'very elated.'

Marx died in 1977 at the age of 86, leaving most of his estate to his three children. He provided that Miss Fleming have administrative control over his name, movie and film rights -- a service for which she was to be paid a reasonable fee by the family.

Shortly before Marx died, Miss Fleming and his famiy were involved in a bitter court battle over conservatorship of the estate. A judge concluded the family should retain control.

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