UPTON v. UNITED STATES


203 F.Supp. 14 (1962)

Sarah C. UPTON, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 19, 1962.


Attorney(s) appearing for the Case

Richard Owen, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., New York City, Elizabeth F. Defeis, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for United States of America.


PALMIERI, District Judge.

This is an action by the wife of a serviceman to recover Class Q dependency allotments denied her while a Wyoming divorce decree, later held null and void, was outstanding. The Government has moved to dismiss the complaint pursuant to Rules 12(b) (1) and 12(b) (6), Fed.R. Civ.P., 28 U.S.C., on the dual grounds that (1) 28 U.S.C. § 1346(d) (2) deprives this court of jurisdiction over the subject matter of this action and that (2) even...

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