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UNITED STATES v. KIEFER

No. 12475.

228 F.2d 448 (1955)

UNITED STATES of America, Appellant, v. Helen M. KIEFER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 18, 1955.

Writ of Certiorari Denied January 9, 1956.

Attorney(s) appearing for the Case

Mr. Robert S. Green, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Leo A. Rover, U. S. Atty., was on the brief, for appellant. Messrs. Samuel D. Slade and Julian H. Singman, Attys., Dept. of Justice, and Mr. Lewis Carroll, Asst. U. S. Atty., also entered appearances for appellant.

Mr. Claude L. Dawson, Washington, D. C., for appellee.

Before BAZELON, WASHINGTON and DANAHER, Circuit Judges.

Writ of Certiorari Denied January 9, 1956. See 76 S.Ct. 305.

BAZELON, Circuit Judge.

Appellee sued, as sole beneficiary, for benefits under her deceased brother's National Service Life Insurance policy. The District Court rejected the Government's affirmative defense of fraud and entered summary judgment for appellee.1 The Government appeals.

The essential elements of fraud are "(1) a false representation (2) in reference...

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