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ALLEN v. ALLEN

No. 84-1147.

484 So.2d 269 (1986)

Donna M. ALLEN, Plaintiff-Appellee, v. James P. ALLEN, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied May 12, 1986.

Attorney(s) appearing for the Case

Brent S. Gore, Ferriday, for defendant-appellant.

Daniel W. Richey, Vidalia, for plaintiff-appellee.

Before GUIDRY, LABORDE and KNOLL, JJ.

LABORDE, Judge.

Donna M. Allen, plaintiff-appellee, filed a post-divorce petition to partition community property. The property, she maintains, includes a share of the military retirement pay of her ex-husband, James P. Allen, defendant-appellant. The trial court awarded Donna 45.68% of all of James's future retirement benefits, plus $5,603.86 in arrearages. We affirm.

FACTS

On September 17, 1952, James P. Allen (James) enlisted in the military....

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