Lindholm

United States v. Lindholm

Good Law
79 F.2d 784·103 A.L.R. 213·1935 U.S. App. LEXIS 4266
United States Court of Appeals for the Ninth CircuitNovember 4, 1935No. 7577California1,292 words

Opinion

Lead Opinion

Denman, J.

Albert L. Linjholm brought suit against the United States in 1932, to recover total disability payments under a policy of war risk insurance, alleging his service in the armed forces of defendant, the perfecting of a policy of insurance, his disability, and refusal of the government to make the payments demanded.

Subsequently the original plaintiff died, and Albert Julian Lindholm, his executor, and one of the present appellees, was substituted as plaintiff by stipulation. In a second amended complaint, the executor sued on the testator’s original cause of action and, in a separate count, joins with Martha May Trostler, the other appellee here, in a suit on the beneficiary provisions of the policy.

The United States filed an answer in the form of a general denial, whereupon the appellees moved for summary judgment under section 437c of the California Code of Civil Procedure, as added by St. 1933, p. 1848, § 27, filing affidavits as required. Upon failure of the defendant to file counter affidavits, the court struck out the answer and gave judgment for appellees. There were no opinion, findings, and conclusions as required by 28 USCA § 764. The United States appeals.

The appeal…

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