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IN RE MARRIAGE OF MILLER

Nos. 14636, 14726.

609 P.2d 1185 (1980)

In re the MARRIAGE OF Ronald D. MILLER, Petitioner and Appellant, and Janet C. Miller, Respondent and Respondent.

Supreme Court of Montana.

Decided March 27, 1980.

Rehearing Denied May 14, 1980.

Attorney(s) appearing for the Case

Smith, Emmons, Baillie & Walsh, Great Falls, Robert J. Emmons argued, Great Falls, for petitioner and appellant.

Marra, Wenz, Iwen & Johnson, Great Falls, David A. Hopkins argued, Great Falls, for respondent and respondent.

SHEA, Justice.

Husband, Ronald C. Miller, appeals the orders of the Cascade County District Court which granted the wife a 38.5 percent share in the husband's military pension and temporary maintenance during the pendency of this appeal.

The husband asserts that his military retirement pay is not a marital asset under Montana's Uniform Marriage and Divorce Act and in any event, that 10 U.S.C.A. § 1401 et seq., which authorizes payment of his pension,...

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