ROBERTS, District Judge.
The defendant herein, United States of America, in its answer to the amended complaint raised as a "Fourth Defense" the defense of election of remedies, alleging that "the plaintiff herein, as beneficiary of the deceased Julio Antonio Cirilo, has claimed compensation and benefits under the Federal Employees' Compensation Act [5 U.S.C.A. § 751 et seq.], and has received and accepted payment on his claim for reimbursement of burial expenses...
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