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LeCLERT v. LeCLERT

No. 8700.

453 P.2d 755 (1969)

80 N.M. 235

Arthur Charles LeCLERT, Plaintiff-Appellant and Cross-Appellee, v. Alice Lindhorst LeCLERT, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

April 28, 1969.

Attorney(s) appearing for the Case

Louis J. Vener, Albuquerque, for plaintiff-appellant.

Harry O. Morris, Albuquerque, for defendant-appellee.

OPINION

NOBLE, Chief Justice.

This appeal requires our determination as to whether the "retainer pay" to which plaintiff Arthur Charles LeClert, a Naval officer, will become entitled upon his retirement from the Armed Forces after his divorce is community property subject to division in a divorce proceeding.

Plaintiff served as an officer in the United States Navy since 1943, and pursuant to 10 U.S.C.A. § 6323(e) was ordered to be retired on...

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