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KIEFER v. UNITED STATES

No. 14062.

255 F.2d 189 (1958)

Helen M. KIEFER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 8, 1958.

Attorney(s) appearing for the Case

Mr. Claude L. Dawson, Washington, D. C., for appellant.

Mr. Robert S. Green, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub, Messrs. Oliver Gasch, U. S. Atty., and Samuel D. Slade, Atty., Dept. of Justice, were on the brief, for appellee. Messrs. Paul A. Sweeney, Atty., Dept. of Justice, and Lewis Carroll, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, WASHINGTON and DANAHER, Circuit Judges.

PER CURIAM.

In a former appeal in this suit for benefits under a National Service Life Insurance policy, we held that the District Court erred in barring the United States from the defense of fraud on the ground that the fraud was not relied upon in reinstating the deceased ex-serviceman's policy.1 Because of this error, the District Court did not consider whether the false representations were made with knowledge of their falsity and...

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