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RIGGANS v. UNITED STATES

July 21, 1970

Marion D. RIGGANS, a widow, Plaintiff,
v.
UNITED STATES of America, Defendant


Willson, District Judge.


The opinion of the court was delivered by: WILLSON

WILLSON, District Judge.

 Counsel have been heard on several motions. The complaint in this case was filed on February 27, 1970. On May 21, 1970 defendant, the United States of America, filed a motion to dismiss. On May 21st, plaintiff filed a motion to dismiss defendant's motion to dismiss. On the same date, May 21st, plaintiff filed a motion for entry of default against the United States for failure to answer or otherwise plead.

 Counsel calls the Court's attention to Rule 55(e) which directs that -- "No judgment by default shall be entered against the United States * * * unless the claimant establishes his claim or right to relief by evidence satisfactory to the court."

 In this suit plaintiff claims the proceeds of a Servicemen's Group Life Insurance policy which, says plaintiff, was issued on the life of her son and wherein she is the beneficiary, he being now deceased. The Government in its motion to dismiss raises three main issues. The first is that the complaint fails to state a claim upon which relief can be granted; and second, the United States has not consented to be sued; and third, no breach of legal duty is alleged to exist under the allegations of the complaint.

 The motion to dismiss must be and is granted, and plaintiff's motion for judgment by default is denied.

19700721

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