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GILMORE v. GARNER

No. COA02-663.

580 S.E.2d 15 (2003)

Shelby Jean GILMORE, Plaintiff, v. Bobby Lee GARNER, Defendant.

Court of Appeals of North Carolina.

May 20, 2003.

Attorney(s) appearing for the Case

Finger, Parker, Avram & Roemer, L.L.P. by Raymond A. Parker, Jonesville, for plaintiff appellee.

Franklin Smith, Elkin, for defendant appellant.

TIMMONS-GOODSON, Judge.

Bobby Lee Garner ("defendant") appeals from an order of the trial court granting summary judgment in favor of defendant's former wife, Shelby Jean Gilmore ("plaintiff"), and from an order granting plaintiff a 29.5% portion of defendant's divisible railroad retirement benefits. For the reasons stated herein, we affirm the order and judgment of the trial court.

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