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De CAPILI v. ADMINISTRATOR OF VETERANS AFFAIRS

Civ. A. No. 1606-69.

314 F.Supp. 805 (1970)

Encarnacion N. Vda De CAPILI, Plaintiff, v. ADMINISTRATOR OF VETERANS AFFAIRS, Defendant.

United States District Court, District of Columbia.

March 13, 1970.

Attorney(s) appearing for the Case

Harold J. Nussbaum, Washington, D. C., for plaintiff.

William D. Ruckelshaus, Asst. Atty. Gen., Civil Division, Dept. of Justice, Russell Chapin, Chief, General Claims Section, Civil Division, Dept. of Justice, Edward I. Swichar, Atty., Civil Division, Dept. of Justice, Washington, D. C., for defendant; Thomas A. Flannery, U. S. Atty., of counsel.

MEMORANDUM

MATTHEWS, District Judge.

The plaintiff, the widow of a veteran presumed dead as of October 23, 1944, filed her original claim for death compensation on May 6, 1947. The first action on this claim was a denial by the Veterans Administration on February 15, 1952. The ground of the denial was that she had failed to establish her entitlement to death compensation as the evidence indicated that from January 6, 1946 plaintiff was living with another...

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