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SMITH v. SMITH

Docket No. 20722.

127 Cal.App.3d 203 (1981)

179 Cal. Rptr. 492

ROSEMARY E. SMITH, Plaintiff and Appellant, v. CLARENCE D. SMITH et al., Defendants and Respondents.

Court of Appeals of California, Third District.

December 28, 1981.

Attorney(s) appearing for the Case

COUNSEL

David W. Abbott for Plaintiff and Appellant.

George Deukmejian, Attorney General, Jeffrey L. Gunther, Deputy Attorney General, and Jack N. Martin for Defendants and Respondents.

OPINION

BLEASE, J.

We consider whether the trial court erred in ruling that plaintiff's action to determine her interest in her former husband's military retirement benefits is barred by the doctrine of res judicata. We hold that the binding effect of the divorce decree on such interests was conclusively determined against her in an intervening action and may not be relitigated. We affirm the judgment.

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