thedrifter
08-23-05, 09:08 AM
Judge's ruling means dispute over U.S. Marine's remains will likely go to trial
August 23, 2005, 4:03 AM
MOUNT CLEMENS, Mich. (AP) -- The fight over the burial site of a U.S. Marine killed in Iraq will likely go to trial after a judge refused to dismiss a lawsuit in the matter.
Macomb County Circuit Judge Diane Druzinski said in the Monday ruling that she has jurisdiction over the suit, filed by the mother of Lance Cpl. Allan Klein.
Rae Oldaugh of Roseville seeks to bury her son in Great Lakes National Cemetery, a yet unopened veterans cemetery near Holly in Oakland County. The soldier's father, Manfred Klein of Monroe County, wants to bury him near family in a private cemetery in Croswell in Sanilac County. Oldaugh and Klein have been divorced for 15 years.
Klein, 34, of Macomb County's Clinton Township, died Jan. 26 along with 29 other Marine infantrymen and a medic in a helicopter crash near the Jordanian border.
By court order, his body is to remain stored at a crypt in Roseville until the case is resolved.
Manfred Klein's attorneys had sought dismissal of the case, arguing that the U.S. Marine Corps should decide the case.
Among issues in the dispute was a military document listing those authorized to receive and dispose of the remains of a soldier killed in action. The form lists Oldaugh as an emergency contact, but officials said military procedure dictates that remains belong to the older of two surviving parents. Klein is 65 and Oldaugh is 58.
Ellie
:mad:
August 23, 2005, 4:03 AM
MOUNT CLEMENS, Mich. (AP) -- The fight over the burial site of a U.S. Marine killed in Iraq will likely go to trial after a judge refused to dismiss a lawsuit in the matter.
Macomb County Circuit Judge Diane Druzinski said in the Monday ruling that she has jurisdiction over the suit, filed by the mother of Lance Cpl. Allan Klein.
Rae Oldaugh of Roseville seeks to bury her son in Great Lakes National Cemetery, a yet unopened veterans cemetery near Holly in Oakland County. The soldier's father, Manfred Klein of Monroe County, wants to bury him near family in a private cemetery in Croswell in Sanilac County. Oldaugh and Klein have been divorced for 15 years.
Klein, 34, of Macomb County's Clinton Township, died Jan. 26 along with 29 other Marine infantrymen and a medic in a helicopter crash near the Jordanian border.
By court order, his body is to remain stored at a crypt in Roseville until the case is resolved.
Manfred Klein's attorneys had sought dismissal of the case, arguing that the U.S. Marine Corps should decide the case.
Among issues in the dispute was a military document listing those authorized to receive and dispose of the remains of a soldier killed in action. The form lists Oldaugh as an emergency contact, but officials said military procedure dictates that remains belong to the older of two surviving parents. Klein is 65 and Oldaugh is 58.
Ellie
:mad: