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WALLAHAN v. WALLAHAN

No. 12522.

284 N.W.2d 21 (1979)

Mary Jane WALLAHAN, Plaintiff and Respondent, v. Franklin J. WALLAHAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 26, 1979.

Attorney(s) appearing for the Case

Fred M. Winkler of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, Curtis D. Ireland of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, on brief, for plaintiff and respondent.

Ronald W. Banks of Nelson, Harding, Banks, Fitzgerald & Johnson, Rapid City, William G. Porter of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, on brief, for defendant and appellant.

HALL, Circuit Judge.

The defendant, Franklin J. Wallahan, has appealed from the portion of the judgment of the circuit court regarding child support, alimony, property division and attorneys' fees in this divorce action. We affirm that judgment and remand the case to the trial court for a determination of plaintiff's request for allowance of attorneys' fees incurred in defending this appeal.

The parties were married in June of 1956 and at the time of trial...

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