McLendon v. United States

INCH, District Judgé.

These are cross-motions for summary judgment.

There is no dispute as to the material facts which may be stated as follows:

On May 27, 1950 one E. P. McLendon enlisted in the United States Army. In October 1950 he authorized a Class Q allotment, effective November 1, 1950, for his wife, the plaintiff herein, pursuant to the provisions of the Dependents Assistance Act of 1950, as amended, 50 U.S.C.A.Appendix, § 2201 et seq., in the amount of $145 per month. The Government thereafter made such payments to plaintiff up to and including December 1951.

Ón November 6, 1951, the…