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RASBURY v. BAUDIER

No. 10007.

370 So.2d 659 (1979)

Mary RASBURY, wife of Joseph Roger Baudier v. Joseph Roger BAUDIER.

Court of Appeal of Louisiana, Fourth Circuit.

April 10, 1979.

Attorney(s) appearing for the Case

Philip R. Riegel, Jr., Parlongue & Riegel, New Orleans, for plaintiff.

Evangeline M. Vavrick, New Orleans, for defendant.

Before REDMANN, BOUTALL and SCHOTT, JJ.

REDMANN, Judge.

A divorced wife appeals from the dismissal on exception of prescription of her action for partition of her ex-husband's military pension, which was not expressly mentioned in the original partition of their community property.

The theory of the ex-husband's exception is, necessarily, that the ex-wife's action was one for rescission of the original partition, because he pleads the five year prescription of actions to rescind, La.C.C. 1413 and...

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