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MORGAN v. HORTON

No. 05-83-00933-CV.

675 S.W.2d 602 (1984)

Dorothy MORGAN, Appellant, v. Lorenzo HORTON, Sr., Appellee.

Court of Appeals of Texas, Dallas.

July 24, 1984.

Attorney(s) appearing for the Case

William R. Holman, Dallas, for appellant.

Bob Shoemaker, Dallas, for appellee.

Before STEPHENS, SPARLING and ROWE, JJ.

ROWE, Justice.

At issue on appeal is whether an ex-wife, divorced since 1958, is entitled to a belated partition of her ex-husband's teacher retirement benefits. The trial court sustained a plea in bar asserted by the ex-husband which was grounded on the doctrine of res judicata but overruled the ex-husband's plea wherein the bar was grounded on an exemption provision in the Teacher Retirement System, now TEX.REV.CIV.STAT. ANN., TITLE 110B, § 31.005 (Vernon Pamphlet...

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