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CITIZENS BANK AND TRUST COMPANY v. UNITED STATES

No. 12822.

240 F.2d 863 (1956)

The CITIZENS BANK AND TRUST COMPANY OF BLOOMINGTON, INDIANA, Administrator d.b.n. of the Estate of Joseph Kelly Kerr, deceased, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1956.

Petition for Rehearing Denied February 25, 1957.

Attorney(s) appearing for the Case

Mr. Camden R. McAtee, Washington, D. C., for appellant.

Mr. Harold H. Greene, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee.

Messrs. Leo A. Rover, U. S. Atty. at the time record was filed, and Carl W. Belcher, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, WASHINGTON and DANAHER, Circuit Judges.

PER CURIAM.

Appellant complains of the dismissal of its suit against the United States filed December 4, 1954, and based upon a judgment entered in appellant's favor as of June 30, 1942. The original cause of action arose on a policy of war risk insurance. See United States v. Citizens Loan & Trust Co., 1942, 316 U.S. 209, 62 S.Ct. 1026, 86 L.Ed. 1387.

Various contentions have been made before us, chiefly concerning the...

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