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FULTON v. DUHAIME

No. 16503.

525 S.W.2d 62 (1975)

Merle G. FULTON, Appellant, v. Jeannette DUHAIME, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 10, 1975.

Attorney(s) appearing for the Case

McAninch & Hagerty, Lawrence C. Hagerty, Houston, for appellant.

Bates, Morgan, Madeksho & McCool, Gordon McCool, Houston, for appellee.

EVANS, Justice.

Appellee, Jeannette Duhaime, brought this action against her former husband, Merle G. Fulton, to partition military retirement benefits which she alleged had accrued by reason of his military service during their marriage and therefore constituted community property which had not been awarded to either party upon their divorce. The trial court granted Mrs. Duhaime's motion for summary judgment and awarded her the sum of $2652.00 as her share of retirement...

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