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GALLAGHER v. GALLAGHER

No. 13026.

339 So.2d 483 (1976)

James A. GALLAGHER, Plaintiff-Appellant, v. Bobbie Jo Smith GALLAGHER, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 6, 1976.

Writ Refused February 3, 1977.

Attorney(s) appearing for the Case

Love, Rigby, Dehan & Love by Kenneth Rigby, Shreveport, for plaintiff-appellant.

Neil Dixon, Shreveport, for defendant-appellee.

Before BOLIN, PRICE and HALL, JJ.

En Banc. Rehearing Denied December 6, 1976.

PRICE, Judge.

James A. Gallagher brought this action against his former wife, Bobbie Jo Smith Gallagher, for a partition by licitation of the former community home in Shreveport. His demands were rejected by the trial court on a finding that defendant had been granted a right of use and habitation of the property, and the property was not susceptible to being partitioned. On appeal, the plaintiff presents three issues...

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