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SMITH v. COLE

No. 88-CA-799.

541 So.2d 307 (1989)

Ledora McCathen SMITH v. Playville Joseph COLE.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied April 17, 1989.

Writ Granted June 2, 1989.

Attorney(s) appearing for the Case

Charles R. Grady, New Orleans, for plaintiff-appellant.

William R. Ary, New Orleans, for defendant-appellee.

Before KLIEBERT, BOWES and WICKER, JJ.

BOWES, Judge.

Plaintiff/appellant, Ledora McCathen Smith, appeals the judgment of the trial court sustaining the exception of no right or cause of action filed by defendant/appellee, Playville Joseph Cole, and dismissing Ms. Smith's petition to prove paternity and to obtain child support. We reverse.

While Ms. Smith was still legally married to Henry E. Smith, she lived in open concubinage with the appellee. Approximately...

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