RITTGERS v. UNITED STATES

No. 13141.

154 F.2d 768 (1946)

RITTGERS v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 8, 1946.


Attorney(s) appearing for the Case

Samuel P. Halpern, of Minneapolis, Minn. (Max Shapiro, of Minneapolis, Minn., on the brief), for appellant.

Fendall Marbury, Atty., Department of Justice, of Washington, D.C. (Victor E. Anderson, U. S. Atty., and Linus J. Hammond, Asst. U. S. Atty., both of St. Paul, Minn., William M. Lytle, Atty., Department of Justice, of Chicago, Ill., John F. Sonnett, Asst. Atty. Gen., Searcy L. Johnson, Sp. Asst. to Atty. Gen., and D. Vance Swann, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.


GARDNER, Circuit Judge.

This was an action brought by appellant as the widow of a deceased soldier to recover benefits under Section 602(d) (2) of the National Service Life Insurance Act of 1940, and Acts amendatory thereto, 38 U.S.C.A. § 802(d) (2), which in effect provide that any person in the active service of the armed forces of the United States on or after October 8, 1940, who dies in line of duty before the expiration...

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