UNITED STATES v. PHILIPPINE NATIONAL BANK

No. 16125.

292 F.2d 743 (1961)

UNITED STATES of America, Appellant v. PHILIPPINE NATIONAL BANK, as guardian of Salvador Tranas, Jr., a minor, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 18, 1961.

Petition for Rehearing Denied June 23, 1961.


Attorney(s) appearing for the Case

Mr. Arnold R. Petralia, Attorney, Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. George S. Leonard, Acting Asst. Atty. Gen. at the time the brief was filed, and Oliver Gasch, U. S. Atty. at the time of argument, and John G. Laughlin, Jr., Attorney, Department of Justice, were on the brief, for appellant.

Mr. Harold J. Nussbaum, Washington, D. C., with whom Mr. Nathan M. Lubar, Washington, D. C., was on the brief, for appellee.

Before PHILLIPS, Senior United States Circuit Judge of the Tenth Circuit, EDGERTON and BAZELON, Circuit Judges.


EDGERTON, Circuit Judge.

The government appeals from a judgment that the Bank as guardian of a minor is entitled to recover so-called "gratuitous" National Service life insurance. The minor is the illegitimate child of an insured serviceman who never married. The serviceman was killed in action in the Philippines on October 23, 1944. For men in his situation Congress had provided $5000 of insurance, without application or premium, "because many of the personnel of...

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