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RICE v. RICE

No. 13496.

645 P.2d 319 (1982)

103 Idaho 85

David Doyle RICE, Plaintiff-Appellant, Cross-Respondent, v. Florence Louise RICE, Defendant-Respondent, Cross-Appellant.

Supreme Court of Idaho.

May 5, 1982.

Attorney(s) appearing for the Case

Robert M. Robson, Boise, for plaintiff-appellant, cross-respondent.

Merrily Munther of Elam, Burke, Evans, Boyd & Koontz, Boise, for defendant-respondent, cross-appellant.

SHEPARD, Justice.

This is an appeal from a decree of divorce in which the wife was awarded a community property interest in the husband's military retirement pay. The sole issue presented here is whether it was correctly determined that military retirement pay can constitute community property, capable of being apportioned in part to a spouse upon divorce. We reverse.

David Rice entered the United States Air Force in 1942. He and Florence Rice were married...

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