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McKINSTRY v. McKINSTRY

No. 36,285-CA.

824 So.2d 1260 (2002)

Pamela S. McKINSTRY, Plaintiff-Appellant, v. Byron H. McKINSTRY, Jr., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

August 14, 2002.

Attorney(s) appearing for the Case

Albert E. Loomis, III, Mason Oswalt, Monroe, for Plaintiff-Appellant.

Bobby L. Culpepper, Jonesboro, Teresa Culpepper Carroll, for Defendant-Appellee.

Before NORRIS, WILLIAMS and CARAWAY, JJ.

NORRIS, Chief Judge.

Pamela McKinstry appeals two judgments, the first of which declined to consider and the second of which dismissed, her claim to partition certain community property assets which had not yet been divided. She urges by two assignments of error that La. R.S. 9:2801.1, which became law on August 15, 2001, applies retroactively and allows the court to consider the value of her husband Byron McKinstry's social security benefits in dividing her Teachers...

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