McKinney v. United States

OPINION

GROOMS, District Judge.

This case has heretofore been submitted on defendant’s motion to dismiss or in the alternative its motion for summary judgment. The Court’s decision will be based upon the motion for summary judgment and the supporting affidavit, which is uncontradicted.

Marvin D. McKinney served on active Army duty from February 1943, until his discharge for disability in March 1946, due to chronic rheumatoid arthritis. On April 20,1966, he applied for a $10,000.00 policy of “Service Disabled Insurance (Non-Medical)” and tendered one month’s premium for that type of policy. The…