Plesha

Plesha v. United States

Good Law
123 F. Supp. 593·1953 U.S. Dist. LEXIS 2022
United States District Court, Northern District of CaliforniaDecember 23, 1953No. 6326California2,114 words

Opinion

lead Opinion

Lemmon, J.

No other country in the world has been so generous as the United States in the treatment of its service men and veterans. In the instant case, however, the plaintiffs are asking the Court to assist them in collecting from the Government sums that are not warranted by the National Service Life Insurance Act, 38 U.S.C.A. § 801 et seq., or the Civil Relief Act, 50 U.S.C.A.Appendix, § 501 et seq.

The plaintiffs contend that applicants for Government protection of their premium payments to insurance companies did not expect to reimburse the United-States for that protection. In the plain-, tiffs’ own pungent phrase, they expected the Government “to give them a free ride in their private insurance”.

In the very first of the “General Provisions” of the Civil Relief Act, however,, we are told that the “Purpose” of the statute is to “suspend enforcement of civil liabilities” of military personnel. Further on in the same section, we are again told that provisions are made “for the temporary suspension of legal proceedings and transactions” affecting service men. This opening section seems to have éscaped the notice of counsel. 50 U.S.C.A.Appendix, § 510.

Coming as they do at the very…

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