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PLAATJE v. PLAATJE

No. 12803.

626 P.2d 1286 (1981)

95 N.M. 789

Shirley PLAATJE, Plaintiff-Appellant, v. William L. PLAATJE, Defendant-Appellee.

Supreme Court of New Mexico.

April 22, 1981.

Attorney(s) appearing for the Case

Anthony F. Avallone, Las Cruces, for plaintiff-appellant.

Pickett & Bates, Lawrence M. Pickett, Las Cruces, for defendant-appellee.

OPINION

RIORDAN, Justice.

Plaintiff, the former wife of the defendant, brought an action to recover a share of the past and future military retirement benefits paid to the defendant. The rights to the benefits had not been determined in the earlier divorce proceeding. After a trial, the district court dismissed the complaint on grounds that the plaintiff was barred from bringing an action by the four year statute of limitations contained in Section 37-1...

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