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IN RE MARRIAGE OF SHEVLING v. SHEVLING

Nos. 90,273, 90,876.

278 Kan. 356 (2004)

97 P.3d 1036

IN THE MATTER OF THE MARRIAGE OF JACQUELINE KAY SHEVLING, Petitioner/Appellant, and HARLEY EUGENE SHEVLING, Respondent, v. JUDITH A. SHEVLING, Intervenor/Appellee.

Supreme Court of Kansas.

Opinion filed September 24, 2004.

Attorney(s) appearing for the Case

J. Donald Lysaught, Jr., of Higgins, Lysaught, Tomasic & Lynch, Chartered, of Kansas City, argued the cause and was on the briefs for the appellant.

Gerald N. Jeserich, of Law Offices of Gerald N. Jeserich, of Kansas City, argued the cause and was on the brief for the appellee.

The opinion was delivered by

LUCKERT, J.:

This is a dispute between an ex-wife and the second wife over federal survivor benefits. The ex-wife had been awarded a percentage of the benefits as part of a property settlement agreement at the time of divorce. The husband subsequently tried to change the beneficiary when he remarried but his request was denied by the Merit Systems Protection Board. Following husband's death, the second wife filed this action as...

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