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ROGERS v. ROGERS

No. 14083.

401 So.2d 406 (1981)

Michelle R. ROGERS v. Irving F. ROGERS.

Court of Appeal of Louisiana, First Circuit.

April 13, 1981.

Attorney(s) appearing for the Case

John A. Exnicios, New Orleans, for plaintiff and appellee.

Roger I. Dallam, Gretna, for defendant and appellant.

Before LOTTINGER, EDWARDS and PONDER, JJ.

LOTTINGER, Judge.

Is a husband's retirement pay from the United States Army community or separate property? This is the issue we face on appeal. The issue is not new to Louisiana jurisprudence, but the two circuits previously addressing the question have taken opposite positions. The Third Circuit says retirement pay is community property. Swope v. Mitchell, 324 So.2d 461 (La. App.3rd Cir. 1975) (Marine Corps retirement)...

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