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BENNER v. BENNER

No. 1967-1.

11 Wn. App. 69 (1974)

521 P.2d 763

ESTELLE M. BENNER, Respondent, v. GORDON M. BENNER, Appellant.

The Court of Appeals of Washington, Division One.

April 22, 1974.

Attorney(s) appearing for the Case

Robert Earl Smith, for appellant.

William S. Howard, for respondent.

FARRIS, J.

The marriage of Estelle and Gordon M. Benner was terminated by entry of a decree of divorce on May 1, 1970, in Seattle, Washington. Neither party appealed. On December 14, 1971, Gordon M. Benner petitioned for partition of the parties' property in accordance with the decree of divorce. The trial court found as a fact:

That had division of the properties been effected on the date of the entry of the decree herein, May 1, 1970, each of the parties...

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