UNITED STATES v. BLACKWELL

Civ. A. No. 4275.

238 F.Supp. 342 (1965)

UNITED STATES of America, Plaintiff, v. Benjamin Holland BLACKWELL, a Minor, and The South Carolina National Bank, Guardian for Benjamin Holland Blackwell, Minor, Defendants.

United States District Court W. D. South Carolina, Greenville Division.

Decided February 16, 1965.


Attorney(s) appearing for the Case

John C. Williams, Dist. Atty. for the Western District of South Carolina, and Ernest J. Howard, Asst. Dist. Atty., Greenville, S. C., for plaintiff.

J. Wright Horton and Charles W. Marchbanks, Rainey, Fant & Horton, Greenville, S. C., for defendants.


HEMPHILL, District Judge.

Motions to dismiss the action on grounds that Second Amended Complaint fails to state a claim upon which relief could be had precipitate the Court's consideration. Rule 12(b) (6), Federal Rules of Civil Procedure, confers authority and direction.

Original action seeks recovery from minor defendant (of which defendant Bank is guardian and E. Randolph Stone is Guardian ad Litem) of Social Security benefits alleged to have been paid...

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