VALLEY AND VALLEY, 99 Or. App. 252 (1990)

781 P.2d 1219

In the Matter of the Marriage of VALLEY, Appellant, and VALLEY, Respondent.

CC82-314; CA A49529Oregon Court of Appeals.On respondent’s petition for reconsideration filed September 13, reconsideration allowed, former opinion (97 Or. App. 95, 775 P.2d 332) modified and adhered to as modified November 8, 1989
Reconsideration denied February 9, 1990 Petition for review denied March 27, 1990 (309 Or. 522)

Appeal from Circuit Court, Clatsop County.

Thomas E. Edison, Judge.

Clayton C. Patrick, Salem, for petition.

No appearance contra.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

BUTTLER, P.J.

Petition for reconsideration allowed; former opinion modified; adhered to as modified.

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BUTTLER, P.J.

Husband seeks reconsideration of our opinion in this case, 97 Or. App. 95, 775 P.2d 332 (1989), where we held that wife is entitled to 47 percent of husband’s Coast Guard pension. We treat the petition as one for reconsideration, ORAP 10.10, allow reconsideration and modify the disposition in our former opinion to read:

“Reversed and remanded for entry of judgment modifying dissolution judgment to award wife 47 percent of husband’s Coast Guard pension beginning with benefits payable on or after February 8, 1988, and entry of a Qualified Domestic Relations Order pursuant to IRC § 414(p). Costs to wife.”

Petition for reconsideration allowed; former opinion modified; adhered to as modified.

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