McKay v. United States

INGRAHAM, District Judge.

Memorandum:

The subject matter of this complaint arises under the National Service Life Insurance Act of 1940, 38 U.S.C. Sec. 701 et seq. The defendant has moved to dismiss for lack of jurisdiction and for plaintiff’s failure to state a claim upon which relief can be granted.

I

Plaintiff’s deceased husband, Jack M. McKay, applied to the Veterans’ Administration for the issuance of a $10,000 service disabled veteran’s insurance policy under the provisions of 38 U.S.C. Sec. 722(a). The application was dated July 1, 1960. According to the sworn affidavit of Mr. C. Leland…