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CARMODY v. SECRETARY OF NAVY

No. 88-3628.

886 F.2d 678 (1989)

Kathryne L. CARMODY, Plaintiff-Appellant, v. SECRETARY OF the NAVY, Defendant-Appellee, and Martin D. Carmody, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1989.

Attorney(s) appearing for the Case

JoAnne Bradshaw Butt, for plaintiff-appellant.

Commander Richard Francis Walsh, J.A. G.C., U.S.N. (Henry E. Hudson, U.S. Atty. and Barbara L. Ward, Asst. U.S. Atty., on brief), for defendant-appellee.

Before ERVIN, Chief Judge, and SPENCER, United States District Judge, and HOFFMAN, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

SPENCER, District Judge:

Kathryne C. Carmody appeals the district court's ruling that she is not entitled to avail herself of the direct payment provision of the Uniformed Services Former Spouses Protection Act, 10 U.S.C. § 1408 (1985 & Supp.1989) (the "USFSPA" or the "Act"). For the reasons stated below, we affirm the district court's ruling.

I.

Kathryne C. Carmody and Martin D. Carmody were married...

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