Carmels McLendon v. United States

HAND, Circuit Judge.

This is an appeal from a summary judgment dismissing an action brought under § 2204 of Title 50, U.S.C.A.Appendix. The facts were as follows.

The plaintiff was the wife of a serviceman, E. P. McLendon, who enlisted in the Army on May 27, 1950. In November, 1950, he authorized a payment of a “Class Q” Allotment to his wife in the amount of $145 a month: “basic allowance for quarters” (Regulation 32 C.F.R., § 538.13). On November 6, 1951, he secured a divorce from the plaintiff in Cook County, Georgia, and thereupon directed the “Finance Center” of the Army to decrease her…