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PATZER v. PATZER

No. 89-568.

792 P.2d 1101 (1990)

Charlotte May PATZER, n/k/a Charlotte Skinner, Plaintiff and Appellant, v. James Howard PATZER, United States of America, Commander of Air Force Accounting and Finance Center, and DOES I Through III, Defendants and Respondents.

Supreme Court of Montana.

Decided May 24, 1990.

Attorney(s) appearing for the Case

Linda L. Harris, Harris & Ventrell, Billings, for plaintiff and appellant.

E. Lee LeVeque, Conklin, Nybo & LeVeque, Great Falls, for defendants and respondents.

WEBER, Justice.

Plaintiff, Charlotte May Patzer (Mrs. Patzer) filed a complaint for partition of personal property; namely defendant's (Mr. Patzer) military pension. The District Court of the Eighth Judicial District, Cascade County, granted defendant's motion to dismiss pursuant to Rule 12, M.R.Civ.P. Plaintiff appeals. We affirm.

The sole issue for our consideration is whether the District Court erred in granting defendant's motion to dismiss.

Mr...

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