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UNITED STATES v. SMITH

No. 24864.

393 F.2d 318 (1968)

UNITED STATES of America, Appellant, v. Gretchen E. SMITH, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 14, 1968.

Attorney(s) appearing for the Case

Robert C. McDiarmid, John C. Eldridge, Attys., Dept. of Justice, Washington, D. C., Carl Eardley, Acting Asst. Atty. Gen., Ernest Morgan, U. S. Atty., Morton Hollander, Attorney, Department of Justice, Washington, D. C., for appellant.

Don Studdard, Potash, Cameron, Bernat & Studdard, El Paso, Tex., for appellee.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.

DYER, Circuit Judge.

By a final judgment of a Texas state court Gretchen E. Smith was granted a divorce from Robert E. Smith and their community property, including his pay account as a retired United States Army Warrant Officer, was divided equally between them.

A property settlement agreement was executed by the Smiths and adopted by the Texas court.1 Mr. Smith, as he had agreed to do...

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