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MATTER OF MARRIAGE OF NEAL

8701-60272; A110603.

45 P.3d 1011 (2002)

181 Or. App. 361

In the Matter of the MARRIAGE of Marcia Jean NEAL, Appellant, and Lloyd Neal, Respondent.

Court of Appeals of Oregon.

Decided May 8, 2002.

Attorney(s) appearing for the Case

Elizabeth A. Trainor, Portland, argued the cause and filed the briefs for appellant.

Charles D. Gazzola, Portland, argued the cause for respondent. With him on the brief was Gazzola & Hull, P.C.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Wife appeals from a trial court order that determined that her one-third share of husband's pension is based on the pension distribution formula applicable at the time of the parties' dissolution rather than on the formula applicable at the time that husband began to receive his pension benefits. She contends that her share should be based on the later rather than on the earlier distribution formula. We agree with wife and reverse.

The facts...

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