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BERK v. UNITED STATES

No. 66-C-1058.

294 F.Supp. 578 (1969)

Mildred L. BERK, Plaintiff, v. UNITED STATES of America, Floramye Berk, Clare Eva Berk, Roberta Gay Berk and Shirie Berk, Defendants.

United States District Court E. D. New York.

January 6, 1969.

Attorney(s) appearing for the Case

Alfred Rice, New York City, for plaintiff; by Murray Ramson, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., Brooklyn, for United States of America; by Howard Babbush, Asst. U. S. Atty., Brooklyn, of counsel.

Taback & Hyams, Jamaica, N. Y., for defendant Floramye Berk; by Ira L. Hyams, Jamaica, N. Y. of counsel.

Pepperbloom & Pepperbloom, for defendants Clare Eva Berk, Roberta Gay Berk and Shirie Berk; by Irving Pepperbloom, of counsel.

JUDD, District Judge.

DECISION

This is a suit on a National Service Life Insurance policy, in which the United States is merely a stakeholder. The real contest is between the veteran's mother, plaintiff in the action, and his second wife, one of the defendants. The children by his first wife and his first wife are also defendants.

The evidence produced at the trial makes certain facts quite clear, though it leaves the critical issue, the actual intention...

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