ANGELL v. ANGELL

No. A09-349.

791 N.W.2d 530 (2010)

In re the Marriage of Loretta Marie ANGELL, Respondent, v. Gordon William ANGELL, Jr., Appellant.

Supreme Court of Minnesota.

December 9, 2010.


Attorney(s) appearing for the Case

Peter L. Radosevich , Esko, MN, for appellant.

Arthur M. Albertson , Duluth, MN, for respondent.

Mary Catherine Lauhead , Law Offices of Mary Catherine Lauhead, St. Paul, MN, Michael D. Dittberner , Linder, Dittberner & Bryant, Ltd., Edina, MN, for amicus curiae Family Law Section, Minnesota State Bar Association.


OPINION

GILDEA, Chief Justice.

The question in this case is whether federal law preempts the district court's award of death benefits to a non-beneficiary spouse. The court of appeals held that the award of federal death benefits to the non-beneficiary spouse conflicted with federal law. Because we hold that the anti-attachment provisions in 38 U.S.C. § 1970(g) (2006) and 38 U.S.C. § 5301(a)(1) (2006) preempt the court's award made under state...

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