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UNITED STATES v. STELTER

No. 6586.

553 S.W.2d 227 (1977)

The UNITED STATES of America, Appellant, v. Dorothy M. STELTER, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 6, 1977.

Attorney(s) appearing for the Case

John E. Clark, U. S. Atty., Michael T. Milligan, Asst. U. S. Atty., El Paso, for appellant.

Calhoun, Morton & Deason, Charles A. Deason, Jr., El Paso, for appellee.

OPINION

WARD, Justice.

This is a garnishment proceeding where summary judgment was granted against the United States as garnishee. The question to be determined is if the ex-wife in a Texas divorce, who has been awarded a portion of the military retirement pay of her ex-husband as her share of the community property, can garnish the United States under 42 U.S.C. Sec. 659. We affirm.

On November 16, 1973, Dorothy M. Stelter secured a divorce from...

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