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DUNCAN v. DUNCAN

No. 11962.

359 So.2d 1310 (1978)

Judy Foret DUNCAN v. Kenneth Addison DUNCAN.

Court of Appeal of Louisiana, First Circuit.

May 1, 1978.

Attorney(s) appearing for the Case

Gerard E. Kiefer, Baton Rouge, of counsel for plaintiff-appellee Judy Foret Duncan.

Johnny X. Allemand, Thibodaux, Paul Hebert Jr., of Breazeale, Sachse & Wilson, Baton Rouge, of counsel for defendant-appellant Kenneth Addison Duncan.

Before LOTTINGER, EDWARDS and PONDER, JJ.

LOTTINGER, Judge.

This is an appeal from a dismissal of the defendant's exceptions of prematurity and no cause and no right of action, and a granting to the plaintiff of a divorce based on living separate and apart continuously for a period of two years or more.

The facts are undisputed that on June 11, 1975, Mr. Duncan, defendant-appellant, left the matrimonial domicile on a business trip. On June 14, 1975, Mrs. Duncan decided to cease living together as...

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