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LARSEN, Justice, concurring and dissenting.
I agree that support provisions of a separation agreement are enforceable in equity despite the existence of a support order. I would not, however, vacate the support order. I view the remedies as concurrent with no election having to be made as to the choice of remedies; of course, there would be only one recovery.
Document Info
Docket Number: 89 and 90
Judges: Kauffman, Larsen
Filed Date: 10/5/1981
Precedential Status: Precedential
Modified Date: 11/13/2024