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ARMSTRONG v. ARMSTRONG

No. 82-5518.

696 F.2d 1237 (1983)

Charles B. ARMSTRONG, Jr., Plaintiff-Appellant, v. Elayne A. ARMSTRONG, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 18, 1983.

Attorney(s) appearing for the Case

Russell Iungerich, Law Offices of Russell Iungerich, Los Angeles, Cal., for plaintiff-appellant.

Paul J. Nestor, Phillips & Nestor, Santa Ana, Cal., for defendant-appellee.

Before SKOPIL, NELSON and CANBY, Circuit Judges.

PER CURIAM.

The district court dismissed Armstrong's declaratory judgment action for lack of subject matter jurisdiction. We affirm.

Armstrong's marriage was dissolved by a California court in 1973. At that time, Armstrong was on active duty in the United States Marine Corps. The court awarded 45% of Armstrong's future military retired pay to his ex-wife as part of the community property settlement. In 1981, the Supreme Court held that congressional intent...

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