United States v. Smith

PALMIERI, District Judge.

This is a motion for summary judgment brought by the plaintiff pursuant to Rule 56, Fed.R.Civ.P., 28 U.S.C.A.

On January 12, 1943, the defendant applied to the Army for a dependents’ allotment for herself and her two children, stating that her then husband, Francis L. Smith, was an Army private. The application was approved and payments in the amount of $72 per month commenced on February 1, 1943. The monthly payment was increased to $100 on November 1, 1943. Payments continued at the $100 rate until August 31, 1948. On that date the allotment was discontinued because…