McCOY v. McCOY

No. CA-1458.

460 So.2d 641 (1984)

Hilda Mae Power McCOY v. Elmer E. McCOY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 27, 1984.


Attorney(s) appearing for the Case

Martha E. Sassone, Marco A. Rosamano, Gretna, for plaintiff-appellee Hilda Mae Power McCoy.

Wayne E. Garrett, Charbonnet & Charbonnet, New Orleans, for defendant-appellant Elmer E. McCoy.

Before KLEES, LOBRANO and CIACCIO, JJ.


KLEES, Judge.

This appeal is from a judgment of the Civil District Court on a rule for settlement of community assets formerly existing between the appellant, Elmer McCoy and the appellee, Hilda Mae Power McCoy. The judgment appealed from declared the appellant's Pension Plan fund to be community property, owned equally by the parties, and therefore subject to partition.

The issues presented on appeal are: (1) whether the trial court erred in holding that...

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