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MOTHERAL v. MOTHERAL

No. 881.

514 S.W.2d 475 (1974)

P. H. MOTHERAL, Appellant, v. June MOTHERAL, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied October 17, 1974.

Attorney(s) appearing for the Case

Asa V. Bland, Jr., Atlas, Hall, Schwarz, Mills, Gurwitz & Bland, McAllen, for appellant.

Johnson & Davis, Harlingen, for appellee.

OPINION

YOUNG, Justice.

This is a summary judgment case. June Motheral sued P. H. Motheral, her former husband, on a separation agreement executed by them in their divorce proceedings in October 1966. This agreement provides alimony payments to the plaintiff in amounts determined by a "tax difference" formula. The formula lessens defendant's Federal income tax by his deduction of alimony payments from his taxable income. The gist of plaintiff's action was...

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