Peake v. United States

DARR, Chief Judge.

For insufficiency of the claim for relief, the defendant has filed a motion to dismiss the plaintiff’s action which was instituted for recovery under a National Service Life Insurance policy.

Material parts of the complaint set out that the plaintiff’s son, Oscar Charles Peake, Jr., was inducted into the military service of the United States on April 29, 1943, and served in the army until on or about July 30, 1943, when he disappeared from Camp Wheeler, Georgia; that there has been no evidence concerning his existence or whereabouts since; that during the period of his…