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TERJERSEN v. TERJERSEN

No. 13238.

420 So.2d 704 (1982)

Thorre G. TERJERSEN v. Mary Louise Yancey, wife of TERJERSEN.

Court of Appeal of Louisiana, Fourth Circuit.

September 30, 1982.

Attorney(s) appearing for the Case

Richard J. Meunier, Meunier, Martin & Meunier, New Orleans, for plaintiff-appellant.

Terrence J. Lestelle, New Orleans, for defendant-appellee.

Before REDMANN, C.J., and AUGUSTINE and LOBRANO, JJ.

REDMANN, Chief Judge.

The Supremacy Clause, U.S. Const. Art. VI, denies to a state legislature and to a state court the power to re-order the distribution of federal social security benefits that the Congress of the United States has ordained in 42 U.S.C. 402. The Supremacy Clause equally prevents a state court's overriding the exemption of social security benefits from "execution, levy, attachment, garnishment, or other legal process" that the Congress has decreed...

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