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MOSIER v. MOSIER

No. 18909.

830 P.2d 1175 (1992)

122 Idaho 37

Hannelore MOSIER, Plaintiff-Respondent, v. Fred L. MOSIER, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 1992 Term.

Rehearing Denied June 17, 1992.

Attorney(s) appearing for the Case

Coughlan & Coughlan, Boise, for defendant-appellant. Joseph M. Coughlan, argued.

Cosho, Humphrey, Greener & Welsh, Boise, for plaintiff-respondent. Brian D. Nicholas, argued.

McDEVITT, Justice.

This is a dispute over the division of the defendant's military retirement benefits. In reaching our decision, we are required to determine the effect of I.C. § 32-713A. The trial court divided the benefits and awarded the plaintiff thirty-nine percent (39%) of the total benefits. We reverse and remand with instructions to dismiss plaintiff's action.

The facts are not in dispute. On September 18, 1950, the defendant enlisted in the...

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