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IN RE MARRIAGE OF TOZER v. TOZER

No. 83-626.

121 Wis.2d 187 (1984)

358 N.W.2d 537

IN RE the MARRIAGE OF: William S. TOZER, Petitioner-Respondent and Cross-Appellant, v. Catherine L. TOZER, Appellant and Cross-Respondent.

Court of Appeals of Wisconsin.

Decided October 9, 1984.

Attorney(s) appearing for the Case

For the appellant and cross-respondent the cause was submitted on the briefs of Mark H. Hoskins, Jr., and Hoskins Brown of Lancaster.

For the respondent and cross-appellant there were briefs by Thomas H. Geyer and Kopp, McKichan, Geyer, McKichan, Curry & Geyer of Platteville, and Rebecca A. Erhardt and Boardman, Suhr, Curry & Field as cocounsel of Madison.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

Catherine Tozer appeals an order refusing to grant relief from a divorce judgment. She contends that the property division should be reopened in order to award her a portion of William Tozer's military pension. The pension was excluded from the property division as then required by federal law. After the judgment was entered, however, the United States Congress changed the law to permit division of military pensions. Because the trial court awarded more property...

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