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BARBOUR v. BARBOUR

No. 82-138.

464 A.2d 915 (1983)

Charles R. BARBOUR, Appellant, v. Juanita BARBOUR, Appellee.

District of Columbia Court of Appeals.

Decided July 27, 1983.

Attorney(s) appearing for the Case

A. Lillian C. Kennedy, Washington, D.C., was on the brief for appellant.

Peg Shaw, Washington, D.C., was on the brief for appellee.

Virginia G. Watkin, New York City, Joan D. Klein, Lyle Jeffrey Pash, Washington, D.C., and Judith I. Avner, New York City, were on the brief for amicus curiae, NOW Legal Defense and Education Fund.

Before FERREN and BELSON, Associate Judges, and KELLY, Associate Judge, Retired.

BELSON, Associate Judge:

The principal issue we consider on this appeal is a question of first impression in this jurisdiction: whether Civil Service pension benefits may constitute marital property subject to equitable distribution under D.C.Code § 16-910(b) (1981). The trial court answered this question in the affirmative and awarded appellee 50% of that portion of appellant's pension benefits attributable to his earnings...

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