SMITH v. METROPOLITAN LIFE INSURANCE COMPANY

Nos. 16947, 17171.

320 F.2d 778 (1963)

Howard Jerome SMITH, Administrator, Estate of Dorothy E. Saunders, Deceased, and National Surety Corporation, Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellee. METROPOLITAN LIFE INSURANCE COMPANY, Appellant, v. NATIONAL SURETY CORPORATION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 3, 1963.


Attorney(s) appearing for the Case

Mr. Robert T. Smith, Washington, D. C., for appellants in No. 16947 and appellee in No. 17171.

Mr. Henry H. Paige, Washington, D. C., with whom Messrs. Arthur P. Drury, John M. Lynham and John E. Powell, Washington, D.C., were on the brief, for appellee in No. 16947 and appellant in No. 17171.

Before WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges.


DANAHER, Circuit Judge.

Appellant on April 11, 1958 was named administrator of the estate of his aunt, Dorothy E. Saunders, who died on March 21, 1958. He here attacks a judgment1 in favor of the appellee permitting recovery of an overpayment in the sum of $1,000 from the appellant Smith as administrator and the National Surety Corporation as his surety. It is here argued that the appellee's claim "was never probated against the estate...

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