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WATENPAUGH v. STATE TEACHERS' RETIREMENT

Docket No. L.A. 24893.

51 Cal.2d 675 (1959)

336 P.2d 165

MILICA P. WATENPAUGH, Plaintiff and Respondent, v. STATE TEACHERS' RETIREMENT SYSTEM et al., Defendants and Respondents; FRANK MARION WATENPAUGH, JR., et al., Appellants.

Supreme Court of California. In Bank.

March 10, 1959.

Attorney(s) appearing for the Case

Walter Wencke and Robert G. Carlson for Appellants.

Vincent Whelan for Plaintiff and Respondent.

No appearance for Defendants and Respondents.

GIBSON, C.J.

This action was brought by the widow of Frank M. Watenpaugh, Sr., a member of the State Teachers' Retirement System, to determine whether death benefits thereunder should be paid to her or to his children by a previous marriage. The children and the retirement system were joined as defendants.

Mr. Watenpaugh was a teacher at San Diego State College, and in 1944 he executed and filed a designation of beneficiary which named his former wife, since...

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