Malone v. United States

OPINION AND ORDER

CARL B. RUBIN, District Judge.

This tardily submitted and inadequately prepared case is before the Court on the stipulations of the parties and presents a single, narrow question of fact: Was the plaintiffs’ decedent, Lance Corporal Thomas V. Malone, United States Marine Corps, absent without leave for a period exceeding thirty-one (31) days prior to his death which resulted from an automobile accident occurring on February 12, 1970, in West Jefferson, Ohio. If this question is answered in the affirmative, the plaintiffs herein, who are the surviving parents of Corporal…