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76 Ct. Cl. 271

Haddon v. United States

United States Court of Claims

Decided November 14, 1932

United States Court of Claims · decided 1932-11-14

Decided 1932-11-14

Williams, Judge,

¶1delivered the opinion of the court:

¶2The plaintiff, a lieutenant, senior grade, of the United States Navy, brings this suit to recover rental and subsistence allowances, on account of a dependent mother, provided in section 4, of the act of June 10, 1922, 42 Stat. 625:

“ Sec. 4. That the term ‘ dependent ’ as used in the succeeding sections of this act shall include at all times and in all places a lawful wife and unmarried children under twenty-one years of age. It shall also include the mother of the officer provided she is in fact dependent on him for her chief support.”

¶3Under the uniform rule announced by this court in almost innumerable decisions as to what constitutes the dependency of a mother under this statute, the plaintiff in this case is entitled to recover.

¶4The findings disclose that he was not only the chief support of his mother during the period of the claim, but that he was in fact her only support.

¶5The plaintiff is entitled to recover rental and subsistence allowances on account of a dependent mother, payable to an officer of his rank, for the period from July 1. 1925, to Au*274gust 23,1929. The entry of judgment, however, will be withheld awaiting the coming in of a report from the General Accounting Office of the amount due for the said period.

¶6It is so ordered.

Wi-ialey, Judge; Littletok, Judge; GkeeN, Judge; and Booth, Chief Justice, concur.
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