Legal Opinion

Popple v. United States

District Court, W.D. New York

Decided August 9, 1976No. Civ-76-144PublishedCited by 20 opinions

1Opinion of the Court

CURTIN, Chief Judge.

The plaintiff in this action, who was married in Alabama in 1946 and divorced in Arkansas in 1971, challenges the garnishment of his Army retirement pay ordered by a Georgia court in February of this year. The basis for the Georgia summons of garnishment served on the United States Attorney in Georgia is 42 U.S.C. § 659, which reads:

Notwithstanding any other provision of law, effective January 1, 1975, monies (the entitlement to which is based upon a remuneration for employment) due from, or payable by, the United States (including any agency or instrumentality thereof and…

2Cases cited2 opinions

  1. West v. WestDistrict Court, N.D. Georgia · 1975
  2. Bolling v. HowlandDistrict Court, M.D. Tennessee · 1975

3Cited by20 opinions

  1. Ralph T. Overman v. United States of America, Fred Hornkohl and Frances OvermanCourt of Appeals for the Eighth Circuit · 1977
  2. Pamela A. Loftin v. James K. Rush, United States of America, Garnishee-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
  3. Simmons v. RosenbergDistrict Court, E.D. New York · 1983
  4. Cloyd v. CloydMissouri Court of Appeals · 1978
  5. Naomi Diaz v. Antonio B. Diaz and United States and United States Civil Service Commission, Bureau of Retirement Insurance and Occupational HealthCourt of Appeals for the Fourth Circuit · 1977

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