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KIRBY v. MELLENGER

No. 86-5908.

830 F.2d 176 (1987)

Kathleen D. KIRBY, Plaintiff-Appellant, v. Leon G. MELLENGER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 20, 1987.

Attorney(s) appearing for the Case

Gerard B. Rickey, Dallas, Tex., for plaintiff-appellant.

Ronald E. Jones, West Palm Beach, Fla., for defendant-appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

PER CURIAM:

Kathleen Kirby and Leon Mellenger wed in 1946. On August 3, 1960, a state court in Texas granted them a divorce decree. Kirby is now a citizen of the United Kingdom and Mellenger is a citizen of the State of Florida. On November 14, 1986, Kirby brought this suit to obtain a share of the military retirement benefits, both matured and unmatured, that Mellenger earned as a United States Air Force officer during their marriage. Kirby alleged that she was entitled...

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