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STATE EX REL. NEUHAUSEN v. NACHTSHEIM

No. 91-348.

833 P.2d 201 (1992)

STATE of Montana, ex rel. Patricia D. NEUHAUSEN, Petitioner and Respondent, v. Lawrence P. NACHTSHEIM and the Department of Administration for the State of montana, Respondents and Appellants.

Supreme Court of Montana.

Decided June 29, 1992.

Attorney(s) appearing for the Case

Paul A. Smietanka, Dept. of Admin., Helena. for respondents and appellants.

Allan M. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, for petitioner and respondent.

GRAY, Justice.

The appellants, Lawrence Nachtsheim and the Department of Administration, appeal from the Judgment and Peremptory Writ of Mandate entered by the District Court of the Eleventh Judicial District, Flathead County, which directed the appellants to divide Highway Patrol Retirement System (HPRS) benefits and pay one-half of those benefits directly to the respondent, Patricia Neuhausen, in accordance with a decree of dissolution of marriage. We reverse and...

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