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COUNIHAN v. ALLSTATE INS. CO.

No. 98-6163.

194 F.3d 357 (1999)

Josephine COUNIHAN, Plaintiff-Appellant, United States of America, Plaintiff-Intervenor-Appellee, v. ALLSTATE INSURANCE CO., Defendant.

United States Court of Appeals, Second Circuit.

Decided: October 13, 1999.

Attorney(s) appearing for the Case

Richard B. Lind, New York, NY, for Plaintiff-Appellant.

Charles S. Kleinberg, Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney, Eastern District of New York, Deborah B. Zwany and Arthur P. Hui, Assistant United States Attorneys), for Plaintiff-Intervenor-Appellee.

Before: KEARSE, MINER and McLAUGHLIN, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-Appellant Josephine Counihan appeals from a judgment entered in the United States District Court for the Eastern District of New York (Wexler, J.) imposing a constructive trust in favor of plaintiff-intervenor-appellee the United States of America (the "government" or the "United States") on benefits paid pursuant to an insurance policy issued by defendant Allstate Insurance Co. ("Allstate"). During the course of forfeiture proceedings...

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