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SIMMONS v. UNITED STATES

No. 3882.

120 F.Supp. 641 (1954)

SIMMONS v. UNITED STATES.

United States District Court Middle District Pennsylvania.

April 7, 1954.

Attorney(s) appearing for the Case

Caldwell, Fox & Stoner, Harrisburg, Pa., for plaintiff.

Arthur A. Maguire, U. S. Atty., Wilkes-Barre, Pa., for defendant.

MURPHY, District Judge.

Defendant moves for summary judgment in an action wherein plaintiff1 beneficiary seeks to recover on a National Service Life Insurance Policy, 38 U.S. C.A. § 801 et seq. Death of the insured was inflicted by the Commonwealth of Pennsylvania as a lawful punishment for the crime2 of murder. Section 612 of the Act, 38 U.S.C.A. § 812, provides,3 "*...

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