[DOWNLOAD] "William John Eichelberger v. Helen Beatrice Eichelberger" by Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: William John Eichelberger v. Helen Beatrice Eichelberger
- Author : Court of Criminal Appeals of Texas
- Release Date : January 23, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
This is a divorce case. The sole question presented is whether the Supremacy Clause of the United States Constitution preempts a division by the state court of Texas of a spouses entitlement to benefits under the federal Railroad Retirement Act of 1974. 45 U.S.C.A. ? 231 et seq. The trial court awarded the wife a portion of the husbands expected benefits, both vested and contingent, as a part of the division of their community property, and the Court of Civil Appeals affirmed. 557 S.W.2d 587. This court heretofore refused to grant Petitioners application for writ of error for "want of jurisdiction," but granted the application upon motion for rehearing. We now reverse the judgment of the Court of Civil Appeals, render judgment that the wife is not entitled to a part of the husbands future railroad retirement benefits and affirm the remainder of the trial courts judgment.
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