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IN RE MARRIAGE OF BUTLER

No. 90-053.

795 P.2d 467 (1990)

In re the MARRIAGE OF Rodney Glenn BUTLER, Petitioner and Respondent, and Alberta Esther Butler, Respondent and Respondent, and Dale Butler, Intervenor and Appellant, Gina Kay Colwell, Intervenor.

Supreme Court of Montana.

Decided July 13, 1990.

Attorney(s) appearing for the Case

Katharine S. Donnelley and Leo Berry, Browning, Kaleczyc, Berry & Hoven, Helena, for intervenor and appellant.

Donald E. Hedman, Hedman, Hileman & LaCosta, Whitefish, Jeffrey D. Ellingson, Ellingson Law Offices, Kalispell for Estate of R.G. Butler.

Patrick D. Sherlock, Sherlock & Nardi, Kalispell, for Colwell.

Lewis K. Smith, Teachers' Retirement Board, Helena, amicus curiae.

Justice McDONOUGH delivered the Opinion of the Court.

This appeal involves the distribution of teacher retirement benefits as part of a marital estate. The intervenor appellant, Dale Butler, appeals the order of the Eleventh Judicial District Court, Flathead County, awarding one-half of the teacher's retirement benefits of his deceased brother, Rodney Glenn Butler, to Rodney's former spouse, Alberta Esther Butler, and the...

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