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THURSTON v. THURSTON

No. 31,895-CA.

740 So.2d 268 (1999)

Frank E. THURSTON, Plaintiff-Appellee, v. Betty Jo Spruell THURSTON, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 20, 1999.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by Curtis R. Shelton, Shreveport, Counsel for Appellant.

William H. Ledbetter, Jr., Borrier City, Counsel for Appellee.

Before NORRIS, C.J., and WILLIAMS, GASKINS, CARAWAY and KOSTELKA, JJ.

GASKINS, Judge.

In this action for partition of community property, the defendant, Betty Jo Spruell Thurston, appeals a judgment in favor of the plaintiff, Frank Thurston, sustaining his exception of res judicata. The district court found that the thing demanded in the prior and current lawsuits was the same, and dismissed the defendant's claim for partition of the plaintiff's retirement benefits. We affirm.

FACTS

In September 1980, Mr. Thurston...

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