BUSBY v. BUSBY

No. B-1553.

457 S.W.2d 551 (1970)

Earl E. BUSBY, Petitioner, v. Mary Lou BUSBY, Respondent.

Supreme Court of Texas.

July 29, 1970.


Attorney(s) appearing for the Case

Jones, Blakeslee, Minton, Burton & Fitzgerald, Charles R. Burton, Austin, for petitioner.

Mitchell, Gilbert & McLean, Phillip W. Gilbert, Charles E. Johanson, Maurice Angley, Jr., Austin, for respondent.


SMITH, Justice.

Respondent, Mary Lou Busby sued her former husband, Earl E. Busby, for partition of certain Air Force Disability Retirement benefits, which had not been divided by a judgment of divorce entered on June 25, 1963. The trial court, without the intervention of a jury, entered judgment that Respondent take nothing. The Court of Civil Appeals reversed the judgment of the trial court and rendered judgment that Respondent recover one-half of the retirement...

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