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UNITED STATES v. SHIMER

No. 392.

367 U.S. 374 (1961)

81 S.Ct. 1554

6 L.Ed.2d 908

UNITED STATES v. SHIMER.

Supreme Court of United States.

Decided June 12, 1961.

Attorney(s) appearing for the Case

Wayne G. Barnett argued the cause for the United States. With him on the briefs were former Solicitor General Rankin, Solicitor General Cox, Assistant Attorney General Orrick, Assistant Attorney General Doub, Alan S. Rosenthal, Anthony L. Mondello, Pinckney G. McElwee and Morton Hollander.

The cause was submitted on brief by Edward Davis for respondent.

William F. McKenna and Samuel E. Neel filed a brief for the National Association of Mutual Savings Banks et al., as amici curiae, urging reversal.

MR. JUSTICE HARLAN delivered the opinion of the Court.

The United States brought this action in the Eastern District of Pennsylvania to recover from Shimer, on theories of subrogration and indemnity, an amount of $4,000 which the Veterans' Administration, as guarantor of a loan made to him by Excelsior Saving Fund and Loan Association, had paid to that institution.

The relevant facts, as stipulated by the parties, are these: In 1948 Shimer, a World War II...

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