JAFFE v. UNITED STATES


246 F.2d 760 (1957)

Beatrice JAFFE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided July 1, 1957.


Attorney(s) appearing for the Case

Leon Port, New York City, for the motion.

Amos J. Peaslee, Jr., Asst. U. S. Atty., New York City, opposed.

Before HAND and WATERMAN, Circuit Judges.


HAND, Circuit Judge.

The plaintiff brought an action under § 802(c) of Title 38 U.S.C.A., to recover $10,000 for the death of her husband, after being discharged from service in the United States Army. Judge Dimock heard the evidence and dismissed the complaint upon the merits; but upon the plaintiff's appeal granted her the privilege of suing in forma pauperis under § 1915(a) of Title 28 U.S.C. because he was unwilling to certify that the appeal...

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