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BD. OF TRUT. CITY OF BERKLEY RET SYS. v. DUNCAN

Docket No. 117415.

187 Mich. App. 402 (1991)

468 N.W.2d 265

BOARD OF TRUSTEES OF THE CITY OF BERKLEY PUBLIC SAFETY RETIREMENT SYSTEM v. DUNCAN

Michigan Court of Appeals.

Decided February 19, 1991, at 9:00 A.M.

Attorney(s) appearing for the Case

Ronald Zajac, P.C. (by Ronald Zajac and David M. Parrott), for the Board of Trustees of the City of Berkley Public Safety Retirement System.

Weisman, Trogan, Young & Schloss, P.C. (by John A. Ruemenapp), for Betty Duncan.

Goldstein, Serlin, Reizen, Rosenbaum & Baker, P.C. (by Mark E. Reizen and Barry M. Rosenbaum), for Nancy Duncan.

Before: MICHAEL J. KELLY, P.J., and HOLBROOK, JR., and SHEPHERD, JJ.

MICHAEL J. KELLY, P.J.

Defendant Nancy Duncan appeals as of right from circuit court orders denying her motion for summary disposition and granting summary disposition for Betty Duncan. We reverse.

Plaintiff brought this action seeking a declaratory judgment to determine the beneficiary of Norman Duncan's pension benefits. Norman and Betty Duncan were divorced on February 27, 1979. At the time of the divorce, Norman was a City of Berkley police officer and...

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