Weiss v. United States

GALSTON, District Judge.

This is a motion for an order granting the defendant summary judgment and dismissing the complaint.

The action brought by the plaintiff is one to recover the proceeds of two certificates of level premium term National Service Life Insurance. The policies were issued to one Eugene Morse while he was serving in the Armed Forces. The plaintiff, his sister, is named as the beneficiary in the policies. Eugene Morse died on August 27, 1948, subsequent to his honorable discharge.

An earlier action for recovery under these two policies of insurance was dismissed on the ground…