McLendon v. United States

BRUCHHAUSEN, Chief Judge.

The defendant moves to dismiss the complaint upon the ground that the statute, 28 U.S.C.A. § 1346(d) (2), deprives this court of jurisdiction.

The plaintiff alleges that she is the wife of Sergeant E. P. McLendon and is entitled to the balance of the allotment for the month of May 1955 and Class Q allotments for the period from June 1955 through March 1956, inclusive. The basis of her claim is that the Government was grossly negligent in permitting Sergeant McLendon to obtain living quarters and in allowing the Class Q allotment to lapse.

The statutes involved are, as…