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POPPLE v. UNITED STATES

No. Civ-76-144.

416 F.Supp. 1227 (1976)

Richard W. POPPLE, Plaintiff, v. UNITED STATES of America, United States Department of Defense (Department of the Army) Defendants.

United States District Court, W. D. New York.

August 9, 1976.

Attorney(s) appearing for the Case

Brown & LeBlanc, Depew, N.Y. (Norman A. LeBlanc, Jr., and James E. Brown, Depew, N.Y., of counsel), for plaintiff.

Richard J. Arcara, U.S. Atty., Buffalo, N.Y. (James A. Fronk, Buffalo, N.Y., of counsel), for the Government.

CURTIN, Chief Judge.

The plaintiff in this action, who was married in Alabama in 1946 and divorced in Arkansas in 1971, challenges the garnishment of his Army retirement pay ordered by a Georgia court in February of this year. The basis for the Georgia summons of garnishment served on the United States Attorney in Georgia is 42 U.S.C. § 659, which reads:

Notwithstanding any other provision of law, effective January 1, 1975, monies (the entitlement to...

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