District Court, E.D. New York April 11, 1957, Civ. A. 11615 (Ronayne v. United States)

BYERS, District Judge.

This is an action upon a National Service Life Insurance policy, in which recovery is contested upon the ground of fraud practiced by the insured in procuring-reinstatement, following lapse of prior insúrance.

A jury trial was waived and the issues have been submitted pursuant to a stipulation from which the following are-quoted :

“III.