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LEMBCKE v. UNITED STATES

No. 143, Docket 21530.

181 F.2d 703 (1950)

LEMBCKE v. UNITED STATES (LEMBCKE et al., third-party-defendants).

United States Court of Appeals Second Circuit.

Decided May 1, 1950.

Attorney(s) appearing for the Case

Bunis and Bunis, Rochester, New York, for appellant, Burton J. Greene, Rochester, of counsel.

George L. Grobe, U. S. Atty., Buffalo, N. Y., Frederick R. Clark, Rochester, New York, Guardians ad litem of appellee Anna L. Lembcke.

John L. Skivington, Rochester, New York, Guardian ad litem of appellees Arlene Lila Lembcke, Kathryn Bernice Lembcke and Rita Elaine Lembcke.

Before SWAN, CLARK and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an action to recover $9,393.90, being the unpaid amount due under a deceased veteran's National Service Life Insurance policy which named the plaintiff as beneficiary. The ultimate question presented by the appeal is whether the appellant is the "widow" of the deceased veteran under 38 U.S.C.A. § 802(g) which specifies the permissible beneficiaries of National Service Life Insurance.

The case was tried without a jury upon...

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