Barbara S. Wilson v. Andrew Franklin Wilson

This case presents for decision the question whether a 1970 Texas divorce decree awarding appellee a portion of her husband’s military retirement payments survives the recent Supreme Court decision in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981). On the basis of this Court’s opinion in Erspan v. Badgett, 647 F.2d 550 (5th Cir. 1981), reh. en banc denied with opinion, 659 F.2d 26 (5th Cir. 1981), we are obligated to affirm the trial court’s decision that the prior judgment was res judicata as to Andrew Wilson.

Facts

Barbara Wilson brought this diversity suit in the…