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STELLY v. MONTGOMERY

No. 5652.

339 So.2d 956 (1976)

Roma Gail STELLY, Plaintiff and Appellant, v. Richard Keith MONTGOMERY, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 15, 1976.

Writ Granted February 14, 1977.

Attorney(s) appearing for the Case

Leon S. Haas, Jr., Opelousas, for plaintiff-appellant.

C. Kenneth Deshotel, Opelousas, for defendant-appellee.

Before HOOD, CULPEPPER and GUIDRY, JJ.

CULPEPPER, Judge.

The plaintiff, Roma Gail Stelly, filed this suit against her husband, Richard Keith Montgomery, seeking a writ of habeas corpus ordering defendant to deliver to plaintiff custody of the two minor children born of the marriage, Richard K. Montgomery, Jr., age 5, and Michael Troy Montgomery, age 14 months. After a trial on the merits, the district judge vacated the writ and rejected plaintiff's demands for custody. Plaintiff appealed.

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