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WALTON v. LEE

No. 09-93-018 CV.

888 S.W.2d 604 (1994)

Sarah Renae M. WALTON, Appellant, v. Billy L. LEE, Appellee.

Court of Appeals of Texas, Beaumont.

Decided December 1, 1994.

Attorney(s) appearing for the Case

W. Briscoe Swan, Bellaire, Jack Lawrence, Beaumont, for appellant.

John L. Oxley, Madisonville, for appellee.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

BURGESS, Justice.

Sarah Renae M. Walton filed a suit to partition military retirement benefits which were not divided in her 1976 divorce from Billy L. Lee. Lee moved for summary judgment on the grounds that as a matter of law the court could not partition military benefits if the divorce decree was issued before June 25, 1981, and failed to treat the benefits in the initial decree. The court granted Lee's motion and entered a summary judgment from...

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