McLENDON v. UNITED STATES

No. 232, Docket 24550.

254 F.2d 361 (1958)

Carmela McLENDON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided April 21, 1958.


Attorney(s) appearing for the Case

Reuben E. Gross, Staten Island, N. Y., for appellant.

C. W. Wickersham, Jr., Brooklyn, N. Y. (Margaret E. Millus, Brooklyn, N. Y., Ann B. Miele, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before CLARK, Chief Judge, HAND, Circuit Judge, and BRENNAN, District Judge.


HAND, Circuit Judge.

This is an appeal from a summary judgment dismissing an action brought under § 2204 of Title 50, U.S.C.A.Appendix. The facts were as follows.

The plaintiff was the wife of a serviceman, E. P. McLendon, who enlisted in the Army on May 27, 1950. In November, 1950, he authorized a payment of a "Class Q" Allotment to his wife in the amount of $145 a month: "basic allowance for quarters" (Regulation 32 C.F.R., § 538.13). On November...

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