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SUPREME COURT OF LOUISIANA

No. 95-C-0794

JOHN R. CONTOIS, JR. AS REPRESENTATIVE OF THE ESTATE OF JOHN R. CONTOIS, SR.

Versus

MARILYN MORRIS CONTOIS

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF AVOYELLES, STATE OF LOUISIANA

JOHNSON, Justice*

John R. Contois, Sr., and Marilyn Morris Contois were married for several years during which time the couple had three children, Charles Remi Contois, Christopher John Contois, and Lynn Contois.1 While married to Marilyn Contois, on January 1, 1985, John R. Contois, Sr. became a City Court Judge in Marksville, Louisiana and on that date he became a member of the Louisiana State Employees Retirement System (LASERS). As part of his enrollment with LASERS, Judge Contois executed a registration form designating Marilyn Morris Contois as his beneficiary in the event of his death before retirement.

Judge Lemmie O. Hightower, Court of Appeal, Second Circuit, sitting by assignment in place of Justice James L. Dennis. Calogero, C.J. not on panel. Rule IV,

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Louisiana Law