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HISGEN v. HISGEN

No. 19394.

554 N.W.2d 494 (1996)

1996 SD 122

Marilyn HISGEN, Plaintiff and Appellee, v. Richard M. HISGEN, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned July 31, 1996.

Decided October 9, 1996.

Attorney(s) appearing for the Case

James J. Doyle of Doyle and Doyle, Rapid City, for plaintiff and appellee.

Ronald R. Kappelman, Rapid City, for defendant and appellant.

KONENKAMP, Justice (on reassignment).

[¶ 1] Richard Hisgen appeals an order requiring him to pay his former spouse, Marilyn Hisgen, a monthly sum equal to fifty percent of his gross military retirement entitlement, calculated without deducting his disability retirement pay. Based upon the phrasing of their divorce settlement agreement, we affirm.

BACKGROUND

[¶ 2] Marilyn and Richard were divorced on July 26, 1993, after entering a stipulation...

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