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SMITH v. SMITH

No. 13023.

382 So.2d 972 (1980)

John Wayne SMITH v. Jenell (Janelle) Schexnayder SMITH.

Court of Appeal of Louisiana, First Circuit.

January 21, 1980.

Attorney(s) appearing for the Case

Lennie F. Perez, Baton Rouge, of counsel, for plaintiff-appellant John Wayne Smith.

Johnny C. Moore, Baton Rouge, of counsel, for defendant-appellee Jenell (Janelle) Schexnayder Smith.

Before ELLIS, CHIASSON and PONDER, JJ.

ELLIS, Judge:

Plaintiff John Wayne Smith brings this appeal from a judgment ordering him to pay alimony pendente lite to his wife Jenell (Janelle) Schexnayder Smith. Mr. Smith contends that the provisions of the Civil Code requiring him to pay alimony are gender based and therefore unconstitutional. Plaintiff alternatively contends that the trial court erred in finding that defendant was in need of alimony and that he was able to pay $300.00 per month.

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