Upton v. United States

PALMIERI, District Judge.

This is an action by the wife of a serviceman to recover Class Q dependency allotments denied her while a Wyoming divorce decree, later held null and void, was outstanding. The Government has moved to dismiss the complaint pursuant to Rules 12(b) (1) and 12(b) (6), Fed.R. Civ.P., 28 U.S.C., on the dual grounds that (1) 28 U.S.C. § 1346(d) (2) deprives this court of jurisdiction over the subject matter of this action and that (2) even if the court asserts jurisdiction, the complaint should be dismissed on the merits because the facts alleged therein do not constitute…