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WILKINSON v. UNITED STATES

No. 175, Docket 24024.

242 F.2d 735 (1957)

Madeline WILKINSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 1, 1957.

Attorney(s) appearing for the Case

Benjamin E. Kantrowitz, New York City, for plaintiff-appellant.

Miriam R. Goldman, Asst. U. S. Atty., S. D. N. Y., New York City (Paul W. Williams, U. S. Atty., New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and SMITH, District Judge.

CLARK, Chief Judge.

The widow of a soldier killed in Korea appeals from a district court order dismissing her action for the proceeds of her husband's Government insurance on the ground that the courts lack jurisdiction to review the Veterans' Administration decision that the soldier's mother was the true beneficiary. Judicial review is precluded by 38 U.S.C. § 11a-2 unless the automatic free insurance provided the deceased by the Servicemen's Indemnity Act of...

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