United States v. Smith

FREDERICK van PELT BRYAN, District Judge.

This is an action in the nature of interpleader brought by the United States under 38 U.S.C.A. § 445 and 38 U.S.C.A. § 817, to secure an adjudication as to which of the two defendants is entitled to the benefits of a National Service Life Insurance policy in the sum of $5,000 on the life of Mark D. Smith. Defendant Dorothy Smith is the mother of the insured and defendant Elaine Smith is his wife.

Defendant Elaine Smith has moved for summary judgment and defendant Dorothy Smith cross-moves for the same relief. The facts on which the parties rely, as…