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PHILLIPSON v. BOARD OF ADMINISTRATION

Docket No. L.A. 29698.

3 Cal.3d 32 (1970)

473 P.2d 765

89 Cal. Rptr. 61

ROSE PHILLIPSON, Plaintiff and Appellant, v. BOARD OF ADMINISTRATION, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Defendant and Respondent.

Supreme Court of California. In Bank.

August 26, 1970.

Attorney(s) appearing for the Case

COUNSEL

Hennigan, Butterwick & Clepper, J. David Hennigan, Kaufman & Wagner and Marcus M. Kaufman for Plaintiff and Appellant.

Thomas C. Lynch, Attorney General, Harold B. Haas, Assistant Attorney General, Edward M. Belasco and William L. Zessar, Deputy Attorneys General, for Defendant and Respondent.

Bertram McLees, Jr., County Counsel (San Diego), Joseph Kase, Jr., Roger Arnebergh, City Attorney (Los Angeles), Paul B. Pressman, Deputy City Attorney, and Arthur E. Babbel as Amici Curiae on behalf of Defendant and Respondent.

OPINION

TOBRINER, J.

In 1966 plaintiff Rose Phillipson obtained an interlocutory decree of divorce from her husband, Nicholas Phillipson, which decree awarded her, among other property, the funds accrued to Nicholas's retirement account during his employment by the state. Defendant Board of Administration of the Public Employees' Retirement System refused to pay over the sum credited to Nicholas's account, and plaintiff brought this...

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