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WHITTIER v. EMMET

Nos. 15066-15068.

281 F.2d 24 (1960)

Sumner G. WHITTIER, Administrator of Veterans Affairs, et al., Appellants, v. Herman L. R. EMMET, Jr., On Behalf of Himself and all Others Similarly Situated, Appellee. UNITED STATES of America, Appellant, v. James A. DEERING, On Behalf of Himself and all Others Similarly Situated, Appellee. UNITED STATES of America, Appellant, v. Robert H. MABBUTT et al., Suing for Themselves and all Persons Similarly Situated, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1960.

Petition for Rehearing Denied September 16, 1960.

Attorney(s) appearing for the Case

Mr. Lionel Kestenbaum, Atty., Dept. of Justice, with whom Asst. Atty. Gen., George C. Doub, Messrs. Oliver Gasch, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellants.

Mr. John Geyer Tausig, Washington, D. C., with whom Messrs. Henry F. Butler and John T. Koehler, Washington, D. C., were on the brief, for appellees.

Before Mr. Justice BURTON, retired, and WASHINGTON and DANAHER, Circuit Judges.

Petition for Rehearing en Banc Denied September 16, 1960.

Mr. Justice BURTON.

Under Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, the United States guaranteed the payment of premiums on limited amounts of commercial life insurance policies carried by servicemen.1 In 1942 the Act was amended to include, for the first time, an express provision that when such an insurance...

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