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EICHELBERGER v. EICHELBERGER

No. B-7239.

582 S.W.2d 395 (1979)

William John EICHELBERGER, Petitioner, v. Helen Beatrice EICHELBERGER, Respondent.

Supreme Court of Texas.

Rehearing Denied July 11, 1979.

Attorney(s) appearing for the Case

Segrest, Mills, Cameron & Riley, Philip R. Segrest, Waco, for petitioner.

Bedford D. Edwards and Erich W. Schwartze, III, Waco, for respondent.

SPEARS, Justice.

This is a divorce case. The sole question presented is whether the Supremacy Clause of the United States Constitution preempts a division by the state court of Texas of a spouse's entitlement to benefits under the federal Railroad Retirement Act of 1974. 45 U.S.C.A. § 231 et seq. The trial court awarded the wife a portion of the husband's expected benefits, both vested and contingent, as a part of the division of their community property, and...

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