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HATFIELD v. UNITED STATES

No. 153.

127 F.2d 575 (1942)

HATFIELD v. UNITED STATES et al.

Circuit Court of Appeals, Second Circuit.

April 30, 1942.

Attorney(s) appearing for the Case

J. Gregory Bruce, of Washington, D. C. (Mathias F. Correa, U. S. Atty., and Jerome H. Doran, Asst. U. S. Atty., both of New York City, Julius C. Martin, Director, Bureau of War Risk Litigation, and Fendall Marbury and Keith L. Seegmiller, all of Washington, D. C., and Samuel M. Gold, of New York City, on the brief), for appellant.

Irwin Ira Rackoff, of New York City (Louis Nieman, of New York City, on the brief), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by the United States from a judgment in favor of the administrator of the estate of Lester Hatfield, deceased, for the proceeds of a policy of yearly renewal term insurance issued to the decedent in 1918 during his military service. The policy matured upon the soldier's death on January 17, 1920.1 The action was commenced on October 7, 1936, by Howard N. Hatfield, a brother of the insured. Subsequently...

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