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MALDONADO v. UNITED STATES

Civil Action No. 6201.

69 F.Supp. 302 (1946)

MALDONADO v. UNITED STATES et al.

District Court, E. D. New York.

December 24, 1946.

Attorney(s) appearing for the Case

George A. Grabow, of New York City (Walter Merwin, of Buffalo, N. Y., of counsel), for plaintiff.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Thomas E. Walsh, Atty. Dept. of Justice, of New York City, and Frank J. Parker, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

BYERS, District Judge.

Plaintiff's motion for summary judgment. The pleadings and affidavits, pro and con, reveal that the action is to recover $5,000.00 insurance issued under the National Service Life Insurance Act (38 U.S.C.A. § 801 et seq.) to one Serviliano Rivera, a soldier of the United States, who was killed in action in France on July 3, 1944.

The application for $10,000.00 of insurance bore date of October 23, 1943, and was payable as to $5...

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