Jones v. United States

BARTELS, District Judge.

Motion by defendant to dismiss the complaint herein pursuant to Rule 12(b) (1), Fed.Rules Civ.Proc., 28 U.S.C.A., for lack of jurisdiction over the subject matter and pursuant to Rule 12(b) (6) for failure to state a claim upon which relief may be granted. From the papers it is obvious that only the first objection is pertinent.

Plaintiff is the executrix of a decedent who was a former member of the armed forces of the United States. Between December 1, 1957 and April 30, 1958 defendant issued certain checks for retirement pay to decedent, aggregating $1,142.15.…