U.S. Court of Appeals for the D.C. Circuit, 1958

Helen M. Kiefer v. United States

Helen M. Kiefer v. United States
U.S. Court of Appeals for the D.C. Circuit · Decided May 8, 1958 · Bazelon, Washington, Danaher
255 F.2d 189; 103 U.S. App. D.C. 111; 1958 U.S. App. LEXIS 4181 (Federal Reporter, Second Series)

Helen M. Kiefer v. United States

Opinion

PER CURIAM.

In a former appeal in this suit for benefits under a National Service Life Insurance policy, we held that the District Court erred in barring the United States from the defense of fraud on the ground that the fraud was not relied upon in reinstating the deceased ex-serviceman’s policy. 1 Because of this error, the District Court did not consider whether the false representations were made with knowledge of their falsity and with intent to deceive. We therefore remanded the case “to afford the parties an opportunity to litigate that issue * *

Pursuant to the remand, a jury trial was had at which cross-motions for directed verdicts were filed at the conclusion of the evidence. The District Court granted the motion of the United States. We think the record fully supports this action.

Affirmed.

1

. United States v. Kiefer, 1955, 97 U.S. App.D.C. 101, 228 F.2d 448, 452, certio-rari denied 1956, 350 U.S. 933, 76 S.Ct. 305, 100 L.Ed. 815.

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