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HELFGOTT v. UNITED STATES

No. 72, Docket 24482.

250 F.2d 818 (1958)

Arthur HELFGOTT and Connie Helfgott, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 6, 1958.

Attorney(s) appearing for the Case

Gerald Bouvier, New York City (Jack Flamhaft, New York City, on the brief), for plaintiffs-appellants, Arthur Helfgott and Connie Helfgott.

Milton E. Lacina, Asst. U. S. Atty., for the Southern District of New York, New York City (Paul W. Williams, U. S. Atty., for the Southern District of New York, New York City, on the brief), for defendant-appellee, United States of America.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and LEIBELL, District Judge.

MOORE, Circuit Judge.

This is an appeal from a judgment dismissing appellants' claim to the proceeds of a $10,000 life insurance policy issued to Fred Helfgott, deceased, a member of our Armed Forces, under the National Service Life Insurance Act of 1940, 38 U.S.C.A. § 801 et seq.

The original plaintiff, Leo Dobschiner, named as principal beneficiary and described as "Friend Guardian" in the insurance application, filed a formal claim for the insurance...

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