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SCHMITZ v. SCHMITZ

No. 91-465.

841 P.2d 496 (1992)

In re the Marriage of Charlene Kay SCHMITZ, Petitioner and Appellant, v. Roger Keith SCHMITZ, Respondent and Respondent.

Supreme Court of Montana.

Decided November 5, 1992.

Attorney(s) appearing for the Case

Gary Ryder, Sidney.

Loren J. O'Toole, O'Toole & O'Toole, Plentywood.

WEBER, Justice.

The petitioner, Charlene Kay Schmitz, appeals from the property distribution in this marital dissolution action as determined by the District Court of the Fifteenth Judicial District, Sheridan County. We affirm in part and reverse in part.

The restated issues are as follows:

1. Was the notice of appeal timely filed?

2. Did the District Court err by including petitioner's workers' compensation benefits in the marital estate?...

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