FITZGERALD v. UNITED STATES

Civ. No. 27524.

98 F.Supp. 222 (1951)

FITZGERALD v. UNITED STATES.

United States District Court N. D. Ohio, E. D.

March 28, 1951.


Attorney(s) appearing for the Case

Alan Meltzer, Cleveland, Ohio, for plaintiff.

Don Miller, U. S. Dist. Atty., Cleveland, Ohio, for defendant.


JONES, Chief Judge.

This is an action for insurance benefits provided for by the National Service Life Insurance Act of 1940, as amended, U.S. C.A. Title 38, § 817. Defendant, the United States of America, requests summary judgment pursuant to Rule 56(b), Fed.Rules Civ.Proc. 28 U.S.C.A.

Summary judgment will be denied.

Defendant by its motion contends that the complaint does not raise an issue regarding any material fact. It alleges lapse of the...

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