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LEVINE v. UNITED STATES

115 F.Supp. 58 (1953)

LEVINE v. UNITED STATES et al. In re KANE'S WILL.

United States District Court S. D. New York.

June 9, 1953.

Attorney(s) appearing for the Case

Bernard Lefkowitz, New York City, for libelant.

J. Edward Lumbard, U. S. Atty., S. D. New York, New York City, for respondents. Benjamin H. Berman, Atty., Dept. of Justice, New York City, of counsel.

DIMOCK, District Judge.

The respondents except to the libel which seeks to recover benefits of Government war risk insurance on the life of a civilian employee of the War Department's Army Transport Service. Libelant's decedent died on June 24, 1945, and the libel was filed in this court on June 15, 1951. The exception is taken on the ground that the suit was not commenced "within two years after the cause of action arises" as required by 46 U.S.C. § 745.

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