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IN RE MARRIAGE OF RUTER

No. 95-2168.

564 N.W.2d 849 (1997)

In re the MARRIAGE OF Maralee J. RUTER and Buryl V. Ruter. Upon the Petition of Maralee J. Ruter, Petitioner-Appellee, And Concerning Buryl V. Ruter, Respondent-Appellant.

Court of Appeals of Iowa.

March 28, 1997.

Attorney(s) appearing for the Case

James L. Pray of Haroldson, Pray & Winjum, P.C., Johnston, and Earl W. Hill of Law Offices of Earl Hill, Britt, for respondent-appellant.

Reta Noblett-Feld and Douglas C. Pearce, II, Student Legal Intern, Iowa City, for petitioner-appellee.

Heard by CADY, P.J., and HUITINK, J., and SCHLEGEL, Senior Judge.

HUITINK, Judge.

Respondent Buryl V. Ruter appeals the district court's order awarding his former wife Maralee a portion of his monthly IPERS retirement benefit. We reverse.

I. Background Facts and Proceedings.

Buryl and Maralee Ruter were married in June 1952 and divorced in April 1980. The decree dissolving the Ruters' marriage incorporated the terms of a stipulation the Ruters submitted regarding division of their assets and liabilities...

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