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IN RE MARRIAGE OF SHELSTEAD

No. D021205.

78 Cal.Rptr.2d 365 (1998)

66 Cal.App.4th 893

In re the MARRIAGE OF Janet D. and Gene T. SHELSTEAD. Janet D. SHELSTEAD, Respondent, v. Gene T. SHELSTEAD, Respondent, Carpenters Pension Trust for Southern California, Appellant.

Court of Appeals of California, Fourth District, Division One.

September 15, 1998.

Attorney(s) appearing for the Case

DeCarlo, Connor & Selvo, Margaret R. Gifford and Desmond C. Lee, Los Angeles, for Appellant.

No appearance for Respondent Wife.

No appearance for Respondent Husband.

Stanton, Kay & Watson, James P. Watson, Bruce K. Leigh, San Francisco, Van Bourg, Weinberg, Roger & Rosenfeld, Gibbs, Giden, Locher & Acret and John H. Stephens, San Diego as Amici Curiae on behalf of Appellant.

Michael C. Shea, E. Stephen Temko, Kim W. Cheatum, Frances L. Harrison, San Diego, Karen L. Handorf, Washington, DC, Paula J. Page, Oakland, Barbara A. Matthews and Paul C. Adair, Los Angeles, as Amici Curiae.

OPINION AFTER TRANSFER

HALLER, Associate Justice.

In Boggs v. Boggs (1997) 520 U.S. 833, 117 S.Ct. 1754, 138 L.Ed.2d 45, the United States Supreme Court held ERISA1 preempts state law allowing a nonemployee spouse to transfer by testamentary instrument an interest in undistributed pension plan benefits. In this case, we consider the related question whether a state court in a dissolution...

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