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SANDOVAL v. SANDOVAL

No. 1 CA-CIV 4846.

130 Ariz. 117 (1981)

634 P.2d 405

Mary Jean SANDOVAL, Petitioner-Appellee, v. Albert Richard SANDOVAL, Respondent-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

September 24, 1981.

Attorney(s) appearing for the Case

Engler & Engler by Don B. Engler, Yuma, for petitioner-appellee.

Byrne, Bradshaw, Benesch & Thode, P.C. by H. Stewart Bradshaw, Yuma, for respondent-appellant.

OPINION

RAPP, Judge.

This is an appeal from the March 9, 1979, order of the Superior Court of Yuma County in which appellant challenges the award of a portion of his future military retirement pay to appellee. Based upon the United States Supreme Court's recent decision in McCarty v. McCarty, ___ U.S. ___, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981), we are compelled to reverse.

Appellant enlisted in the United States Marine Corps on February 12,...

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