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IN RE MARRIAGE OF MILHAN

Docket No. L.A. 31191.

27 Cal.3d 765 (1980)

613 P.2d 812

166 Cal. Rptr. 533

In re the Marriage of MARY LEE and HARRY LLOYD MILHAN. MARY LEE MILHAN, Appellant, v. HARRY LLOYD MILHAN, Appellant.

Supreme Court of California.

July 17, 1980.

Attorney(s) appearing for the Case

COUNSEL

Cavalletto, Webster, Mullen & McCaughey and Jeffrey C. Nelson for Appellant Wife.

Gertrude D. Chern as Amicus Curiae on behalf of Appellant Wife.

Price, Postel & Parma, Gary R. Ricks and J. Terry Schwartz for Appellant Husband.

Allen R. McMahon and Loretta H. Hellen as Amici Curiae on behalf of Appellant Husband.

OPINION

BIRD, C.J.

The principal issue in this dissolution action is whether the Supreme Court in Hisquierdo v. Hisquierdo (1979) 439 U.S. 572 [59 L.Ed.2d 1, 99 S.Ct. 802], implicitly held that community property states could not apply their laws in dividing as part of the community a husband's military pension, insurance policy, and disability pay which he received in lieu of retirement...

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