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ROWAN v. UNITED STATES

No. 11225.

211 F.2d 237 (1954)

ROWAN v. UNITED STATES

United States Court of Appeals Third Circuit.

Decided March 8, 1954.

Attorney(s) appearing for the Case

Charles L. Casper, Wilkes-Barre, Pa., Fahey & Casper, Wilkes-Barre, Pa., on the brief), for appellant.

Herman S. Greitzer, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., J. Julius Levy, U. S. Atty., Scranton, Pa., Paul A. Sweeney, Attorneys, Department of Justice, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

PER CURIAM.

Plaintiff sued as beneficiary of a National Service Life Insurance Policy. In her reply she admitted that the policy had lapsed for non-payment of premium and that an application by the assured for its reinstatement had been rejected. The district court dismissed the action for lack of jurisdiction.

The only authority in the National Service Life Insurance Act of 1940 as amended, to sue the United States is found in Section 617 thereof, 38 U.S...

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