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IN RE MARRIAGE OF CUPP

No. 1 CA-CIV 8843.

152 Ariz. 161 (1986)

730 P.2d 870

In re the MARRIAGE OF Vivian L. CUPP, Petitioner-Appellee, and William Cupp, Respondent-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

December 16, 1986.

Attorney(s) appearing for the Case

John A. Preston, Prescott, for petitioner-appellee.

Walraven & Roberts by Paul L. Roberts, Prescott, for respondent-appellant.

OPINION

GRANT, Judge.

The primary issue presented in this appeal is whether a workers' compensation award commuted to a lump sum payment during a marriage is community or separate property.

The facts pertinent to this appeal are undisputed. The parties were married in August 1973, and a final decree of dissolution was entered on March 25, 1985. Shortly thereafter, the husband, William Cupp, moved to set aside the decree as to the division of property...

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