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LUPBERGER v. LUPBERGER

No. 99-CA-0144.

738 So.2d 138 (1999)

Edwin A. LUPBERGER v. Mary Jane LUPBERGER.

Court of Appeal of Louisiana, Fourth Circuit.

June 16, 1999.

Attorney(s) appearing for the Case

Robert C. Lowe, David M. Prados, Lowe, Stein, Hoffman, Allweiss & Hauver, New Orleans, LA, Counsel for Plaintiff.

Peter J. Butler, Peter J. Butler, Jr., Richard G. Passler, W. Christopher Beary, Breazeale, Sachse & Wilson, L.L.P., New Orleans, LA, Counsel for Defendant.

Court composed of Judge WILLIAM H. BYRNES, III, Judge MIRIAM G. WALTZER and Judge PATRICIA RIVET MURRAY.

WALTZER, Judge.

STATEMENT OF THE CASE

Edwin Lupberger filed a Petition for Divorce and partition of Community Property against his wife, Mary Jane Lupberger, on 16 September 1997. Mrs. Lupberger answered and reconvened on 26 November 1997, claiming alimony pendente lite and alleging that renovations underway at the family home, 1445 Second Street, rendered it unfit for her use as a domicile. On 16 January 1998, Mr. Lupberger filed a Rule for Use and Occupancy...

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