Miller v. United States

ATWELL, District Judge.

Charles A. Rublee, an United States soldier, was reported missing in action on December 18th, 1950, and thereafter reported dead in January, 1954. At the time of his reported death there was due the deceased soldier, $3,502.29 by reason of his service in the United States Army.

Grace Miller, joined by her husband, is the mother of the deceased soldier. Under the provisions of 10 U.S.C.A. § 868, the unpaid portion of the salary due a deceased soldier is required to be paid to the mother and father of such decedent, in equal parts. The amount so due is alleged to be…