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KIRCHBERG v. FEENSTRA

No. 77-1991.

609 F.2d 727 (1979)

Karl J. KIRCHBERG, Plaintiff-Third Party Defendant-Appellee, v. Joan Paillot FEENSTRA, Defendant-Third Party Plaintiff-Appellant, v. Edwin W. EDWARDS and State of Louisiana, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 12, 1979.

Attorney(s) appearing for the Case

Barbara Hausman-Smith, White River Junction, Vermont, Va., George M. Strickler, Jr., New Orleans, La., for defendant-third party plaintiff-appellant.

Cynthia Samuel, Asst. Professor of Law, Tulane Univ. School of Law, New Orleans, La., for amicus curiae.

William J. Guste, Jr., Atty. Gen., Dept. of Justice, State of La., Louis M. Jones, Asst. Atty. Gen., Ronald C. Davis, Staff Atty., Alan F. Schoenberger, New Orleans, La., for third party defendants-appellees.

William R. Brough, New Orleans, La., for Kirchberg.

Before TUTTLE, GOLDBERG and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

We consider in this case the constitutionality of article 24041 of the Louisiana Civil Code, which establishes the husband as the head and master of the community estate and gives him the power to alienate the community estate without the consent of the wife.

I

In February 1966, Joan and Harold Feenstra purchased a house in Orleans Parish, Louisiana. In October 1974, Mrs. Feenstra filed a state...

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