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ACOSTA v. UNITED STATES

No. 82-62.

320 F.2d 382 (1963)

Hortentia R. ACOSTA v. The UNITED STATES.

United States Court of Claims.

July 12, 1963.

Attorney(s) appearing for the Case

William M. Apgar, La Mesa, Cal., for plaintiff.

Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

DAVIS, Judge.

Luis F. Acosta, plaintiff's husband, disappeared on February 10, 1950, from his home in San Diego, California, and has not since been heard of or seen. When he vanished he was a retired naval enlisted man drawing retirement pay of $181.50 per month. After her husband had been gone for seven years, the plaintiff sought from a California state court a decree that he was legally dead. That court, on February 7, 1958, declared that Luis Acosta "be and hereby...

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