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BINGERT v. BINGERT

Civ. No. 9214.

247 N.W.2d 464 (1976)

Delta M. BINGERT, Plaintiff and Appellee, v. Nick BINGERT, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied December 27, 1976.

Attorney(s) appearing for the Case

Gordon W. Schnell of Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellee.

William R. Mills, Bismarck, for defendant and appellant.

VOGEL, Justice.

Nick Bingert, the appellant, after being married to Delta Bingert for 29 years, was divorced by her in 1970. He appeals from the denial of his motions to modify the alimony award of $175 per month and from the upholding by the district court of the constitutionality of the alimony statute of this State which he asserts discriminates against husbands on the basis of sex. We affirm.

I. ATTACK ON DIVORCE DECREE

The divorce judgment was...

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