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STELLY v. MONTGOMERY

No. 59162.

347 So.2d 1145 (1977)

Roma Gail STELLY, Plaintiff-Appellee-Relator, v. Richard Keith MONTGOMERY, Defendant-Appellant-Respondent.

Supreme Court of Louisiana.

July 1, 1977.

Attorney(s) appearing for the Case

Leon S. Haas, Jr., Opelousas, for plaintiff-appellee-relator.

C. Kenneth Deshotel, Opelousas, for defendant-appellant-respondent.

TATE, Justice.

We granted certiorari, La., 341 So.2d 1131, to review the ruling of the court of appeal, 339 So.2d 956 (3d Cir. 1977), that the plaintiff mother could maintain no cause of action against her husband to obtain the custody of the children of the marriage.

As stated by the court of appeal, the decisive issue is "whether the plaintiff wife may sue her husband for a writ of habeas...

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