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GARDNER v. GARDNER

No. 8221SC685.

306 S.E.2d 496 (1983)

Lucille K. GARDNER v. Buddy J. GARDNER.

Court of Appeals of North Carolina.

September 6, 1983.

Attorney(s) appearing for the Case

Harper, Wood & Brown by Gordon H. Brown, Winston-Salem, for plaintiff-appellant.

Badgett, Calaway, Phillips, Davis, Stephens, Peed, and Brown by B. Ervin Brown, II, Winston-Salem, for defendant-appellee.

JOHNSON, Judge.

The first question raised by plaintiff's appeal is whether the case of McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981), is controlling with respect to the case before us. We hold that it is. Without reiterating the reasoning in McCarty, that case held that military non-disability retired pay was a personal entitlement, not a property interest and that state

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