SUDWISCHER v. ESTATE OF HUFFPAUIR

No. 97-C-0785.

705 So.2d 724 (1997)

Alana SUDWISCHER v. ESTATE OF Paul C. HOFFPAUIR, et al.

Supreme Court of Louisiana.

Rehearing Denied January 30, 1998.


Attorney(s) appearing for the Case

Stephen A. Stefanski, Edwards, Stefanski, Cunningham, Stefanski & Zaunbrecher, Crowley, for Applicant.

John F. Craton, Crowley, for Respondent.


VICTORY, Justice.

We granted a writ in this filiation case to determine whether the burden of proof found in La.C.C. art. 209, which requires that a child prove filiation to a deceased parent by clear and convincing evidence while requiring that a child only prove filiation to a living parent by a preponderance of the evidence, is procedural and thus retroactive, and whether the heightened burden of proof for one class of illegitimates violates the equal protection...

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