Spanner v. United States

BREWSTER, District Judge.

This is a petition to enforce a policy of yearly renewable term insurance. The defendant has moved to dismiss the petition on the ground that there was no disagreement between the parties within the meaning of the World War Veterans’ Act, as amended, 38 U.S.C.A. § 421 et seq. Such a disagreement is alleged. The motion, therefore, involves consideration of facts not appearing on the record.

The issue was informally presented without testimony or affidavits. The United States has submitted, with the approval of the plaintiff’s attorney, documents from the case folder,…