UNITED STATES v. NERO

No. 158, Docket 24157.

248 F.2d 16 (1957)

UNITED STATES of America, Appellant, v. Shirley N. NERO, Appellee.

United States Court of Appeals Second Circuit.

Decided July 30, 1957.


Attorney(s) appearing for the Case

George Cochran Doub, Asst. U. S. Atty., Paul W. Williams, U. S. Atty., S. D. N. Y., Melvin Richter, William W. Ross, Attys., Dept. of Justice, Washington, D. C., for appellant.

Hugh A. Lavery, Ossining, Arthur Polier, New York City, for appellee.

Before MEDINA and WATERMAN, Circuit Judges, and LEIBELL, District Judge.


WATERMAN, Circuit Judge.

This action was brought pursuant to 38 U.S.C.A. § 817 by the widow and beneficiary of a deceased veteran to recover the proceeds of a National Service Life Insurance policy issued in the name of her husband, John J. Nero, in the amount of $3,000. The Government defended pursuant to 38 U.S.C.A. § 802(w)1 on the ground that the policy sued upon, a reinstatement under 38 U.S.C.A. § 802 (y) of a lapsed...

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