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U.S. v. LEYDEN

No. 87-1669.

842 F.2d 1026 (1988)

UNITED STATES of America, Appellee, v. Vivian K. LEYDEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 28, 1988.

Attorney(s) appearing for the Case

Jerold V. Fennell, Omaha, Neb., for appellant.

Robert F. Kokrda, Omaha, Neb., for appellee.

Before LAY, Chief Judge, and HEANEY and MAGILL, Circuit Judges.

LAY, Chief Judge.

In a nonjury trial, Vivian Leyden was convicted of one count of mail fraud; Leyden allegedly burnt down her home to collect on her home insurance policy with MFA Mutual Insurance Company ("MFA").1 To establish use of the mails, the government relied upon MFA's answer to Leyden's amended petition requesting that MFA be compelled to pay her insurance claim. In this appeal Leyden maintains that MFA's responsive pleading...

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