Austin v. United States

KERNER, Circuit Judge.

Plaintiff, the named beneficiary in a policy of war risk insurance on the life of Earl Warren Austin, sued defendant, alleging that the insured died on March 20, 1939, while the policy was in force. The defendant and intervening petitioners interposed an affirmative defense and moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The District Court sustained the motion, entered judgment in favor of the administrator of the estate of the insured and that plaintiff take nothing by her suit. From that judgment…