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POWELL v. POWELL

No. 95-8313.

80 F.3d 464 (1996)

Eugene E. POWELL, Plaintiff-Appellant, v. Joyce Marie POWELL; John Dalton, Secretary of the Navy, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 15, 1996.

Attorney(s) appearing for the Case

Sandra J. Popson, Brown, Katz, Flatau & Hasty, Macon, GA, for Appellant.

W. Edward Meeks, Jr., Walters, Davis, Meeks & Pujadas, P.C., Ocilla, GA, William D. Gifford, Asst. U.S. Atty., Macon, GA, Robert P. Monahan, U.S. Navy, Office of the Judge Advocate General, Alexandria, VA, for Appellees.

Before KRAVITCH and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.

CARNES, Circuit Judge:

Pursuant to the Uniformed Services Former Spouses' Protection Act (the "FSPA"), 10 U.S.C. § 1408, a state court awarded part of Eugene Powell's naval retirement pay to his ex-wife, Joyce Powell, as alimony. Instead of appealing that award, Mr. Powell filed a complaint in federal district court against Mrs. Powell and John Dalton, who is Secretary of the Navy, contending that the FSPA is unconstitutional as applied to him, because it amounts...

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