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WILHELM v. WILHELM

No. 7927DC260.

259 S.E.2d 319 (1979)

43 N.C. App. 549

Ruth Lee WILHELM v. Ronald L. WILHELM, Sr.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Frank Patton Cooke by R. T. Wilder Jr., Gastonia, for plaintiff-appellant.

Layton & Street by Nicholas Street, Gastonia, for defendant-appellee.

HARRY C. MARTIN, Judge.

This case appears to be of first impression in North Carolina. The determinative question on this appeal is: Is plaintiff's action for divorce from bed and board a pending action asserting a dependent spouse's rights with respect to "alimony," within the meaning of N.C.G.S. 50-6, as amended effective 16 June 1978? We answer yes, and accordingly reverse the trial court's order.

The pertinent portion of the statute in effect when defendant...

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