STOFEY v. UNITED STATES

No. 2777.

87 F.Supp. 81 (1949)

STOFEY v. UNITED STATES et al.

United States District Court M. D. Pennsylvania.

November 21, 1949.


Attorney(s) appearing for the Case

Ernest J. Gazda, Scranton, Pa., G. Lester W. Curry, New York City, for the libelant.

Arthur A. Maguire, United States Attorney, for respondent United States.

Walter L. Hill, Jr. (of O'Malley, Harris, Harris, & Warren), Scranton, Pa., for respondent Luckenbach S. S. Co., Inc.


MURPHY, District Judge.

Libelant, a resident of this district, seeks to recover from respondents on a War Risk Insurance Policy, alleging certain facts as to the cause of death of her brother, the insured, contending that death was the result of a risk of war. Respondents except to the libel and move that it be dismissed for the following reasons:

(1) At to the government, (a) the policy, if any was not carried by the government and, therefore, imposes no...

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