PALMIERI, District Judge.
This is a motion for summary judgment brought by the plaintiff pursuant to Rule 56, Fed.R.Civ.P., 28 U.S.C.A.
On January 12, 1943, the defendant applied to the Army for a dependents' allotment for herself and her two children, stating that her then husband, Francis L. Smith, was an Army private. The application was approved and payments in the amount of $72 per month commenced on February 1, 1943. The monthly payment was increased...
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