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RITTINER v. SINCLAIR

No. 9421.

374 So.2d 680 (1978)

Lloyd J. RITTINER v. Mrs. Patricia S. SINCLAIR, widow of Jack A. Bornemann, wife of Lloyd J. Rittiner.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing February 8, 1979 and July 27, 1979.

Attorney(s) appearing for the Case

A. D. Freeman, Satterlee, Mestayer & Freeman, New Orleans, for defendant.

Samuel C. Gainsburgh, Kierr, Gainsburgh, Benjamin, Fallon & Lewis, New Orleans, for plaintiff.

Rene R. Nicaud, New Orleans (with Robert E. Jeffers, Jr. and Edmund T. Wegener, Jr., New Orleans, on the brief), for the Notaries' Ass'n of New Orleans, amicus curiae.

Leonard H. Rosenson, New Orleans (with Albert J. Flettrich, Joseph V. Bologna, Moise Steeg, Jr., C. Allen Hennesy, Philip Dev. Claverie, Allain C. Andry, III, and Jerry D. Williamson, New Orleans, on the brief), amicus curiae.

Before REDMANN, LEMMON and BEER, JJ.

REDMANN, Judge.

An ex-wife appeals from a judgment of divorce only insofar as it found the spouses mutually "at fault" and therefore denied her alimony. The ex-husband by answer also complains of the judgment's declaration that he too was at fault, as well as of its failure to decide the validity of a premarital contract against community property.

The principal question is what is the nature of fault sufficient...

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