De Pusana v. United States

YOUNGDAHL, District Judge.

Plaintiffs seek to recover $5,000 National Service Life Insurance under 38 U.S.C.A. § 802(d) (3) (B) of Lorenzo H. Pusana who was killed in a Japanese prison camp on May 27, 1942.

The Government interposes two defenses to plaintiffs’ cause of action; (1) that plaintiffs are barred by the statute of limitations, 38 U.S.C.A. §§ 445, 817 and (2) that the plaintiffs in this case, the mother and father of the deceased veteran, were not dependents entitled to recover under the act.(1) Plaintiffs’ cause of action, which had to be filed within six years, began to run as of…