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SCHWEITZER v. BURCH

No. 15728.

711 P.2d 889 (1985)

103 N.M. 612

Jennetta SCHWEITZER, Plaintiff-Appellee, v. Charles Austin BURCH, Defendant-Appellant, and the Public Employees Retirement Board of the State of California, Defendant.

Supreme Court of New Mexico.

Rehearing Denied January 9, 1986.

Attorney(s) appearing for the Case

Roberta Beyer, Albuquerque, for defendant-appellant.

MaryBelle D. Archibald, Deputy Atty. Gen., Sacramento, Cal., Robert J. Maguire, Albuquerque, for defendant PERA.

Prentis Reid Griffith, Krista Dianne Steel, Los Alamos, for appellee.

OPINION

RIORDAN, Justice.

Plaintiff Jennetta Schweitzer (Schweitzer) brought suit against defendant Charles Burch (Burch) seeking payment of a portion of Burch's retirement benefits. After a hearing, the district court granted summary judgment awarding Schweitzer the requested payment. Burch appeals. We affirm in part and reverse in part.

The issue on appeal is whether community property retirement benefits...

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