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MARIN v. HATFIELD

No. 76-3290 Summary Calendar.

546 F.2d 1230 (1977)

June MARIN, Plaintiff-Appellant, v. William Rubben HATFIELD, Defendant-Appellee, United States of America, Garnishee-Appellee.

United States Court of Appeals, Fifth Circuit.

February 11, 1977.

Attorney(s) appearing for the Case

Donald J. Walheim, San Antonio, Tex., for plaintiff-appellant.

Allan F. Cazier, John E. Clark, U.S. Atty., Archie Carl Pierce, Asst. U.S. Atty., San Antonio, Tex., for defendant-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

PER CURIAM:

Appellant June Marin was divorced from William Rubben Hatfield in 1971 by decree of a Texas court on February 5, 1971. The judgment of divorce awarded appellant, in addition to other property, a one-half interest in "certain United States Army retirement benefits" payable by reason of Hatfield's Army service. Congress thereafter enacted 42 U.S.C. § 659 which became effective on January 1, 1975, by which the United States waived immunity to garnishment...

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