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BEHRENS v. MILLIKEN

No. 16766.

461 N.W.2d 276 (1990)

Betty J. BEHRENS, formerly known as Betty J. Milliken, Plaintiff and Appellant, v. Jeanne E. MILLIKEN, Executrix of the Estate of Ray E. Milliken, deceased, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 26, 1990.

Attorney(s) appearing for the Case

Carl J. Koch, Mitchell, for plaintiff and appellant.

John L. Morgan of Morgan, Theeler, Cogley & Padrnos, Mitchell, for defendant and appellee.

SABERS, Justice (On reassignment).

Ray and Betty entered into a divorce stipulation and agreement which was approved by the court. This agreement required Ray to provide $10,000 in life insurance to Betty. Ray breached the terms of the agreement. Although Betty has no remedy against the federal government, we hold that federal law does not prevent her claim against Ray or his estate.

Facts

Betty J. Behrens Milliken (Betty) was divorced from...

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