aetna
casualty
surety
argued
decided
december
aetna
casualty
surety
leavenworth
colby
washington
william
hyman
new
york
city
aetna
casualty
surety
jackson
akin
albuquerque
pro
hac
vice
special
leave
respondent
world
fire
marine
ins
abraham
frankel
asbury
park
yorkshire
ins
home
ins
chief
justice
vinson
delivered
opinion
cases
certiorari
present
important
question
federal
tort
claims
may
insurance
company
bring
suit
name
upon
claim
become
subrogated
payment
insured
able
bring
action
question
turn
requires
consideration
statute
three
cases
presenting
slightly
different
aspect
problem
heard
complaint
alleges
employee
federal
reserve
bank
new
york
injured
result
negligence
post
office
department
employee
respondent
insurance
carrier
insured
federal
reserve
bank
liability
workmen
compensation
duly
paid
injured
person
claim
new
york
workmen
compensation
law
complaint
alleges
injured
person
failed
commence
action
within
one
year
accident
inaction
operated
according
new
york
assignment
insurer
cause
action
district
dismissed
complaint
appeals
second
circuit
reversed
remanded
cause
trial
government
motion
dismiss
complaint
denied
trial
found
fact
employee
forest
service
negligently
driven
government
vehicle
vehicle
owned
one
harding
causing
damages
harding
insured
respondent
insurance
carrier
pursuant
terms
policy
paid
insurer
subrogated
judgment
thereupon
entered
favor
harding
favor
respondent
insurance
company
appeals
tenth
circuit
affirmed
nos
present
situation
two
insurance
companies
paid
part
claim
loss
occasioned
negligence
employee
bring
suits
names
asking
recovery
amount
paid
assured
district
dismissed
complaints
motion
government
appeals
third
circuit
reversed
remanded
causes
granted
certiorari
cases
conflict
decisions
manifest
importance
question
federal
tort
claims
act
provides
pertinent
part
district
district
wherein
plaintiff
resident
wherein
act
omission
complained
occurred
sitting
without
jury
shall
exclusive
jurisdiction
hear
determine
render
judgment
claim
money
account
damage
loss
property
account
personal
injury
death
caused
negligent
wrongful
act
omission
employee
government
acting
within
scope
office
employment
circumstances
private
person
liable
claimant
damage
loss
injury
death
accordance
law
place
act
omission
occurred
subject
provisions
chapter
shall
liable
respect
claims
claimants
manner
extent
private
individual
like
circumstances
language
act
indicates
congressional
purpose
treated
private
person
respect
torts
committed
employees
except
certain
specific
exceptions
enumerated
neither
terms
act
legislative
history
precludes
application
situation
government
position
terms
makes
transfers
assignments
claim
upon
part
share
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interest
therein
absolutely
null
void
except
assignments
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claim
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certain
prescribed
safeguards
includes
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operation
law
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suit
subrogee
name
petitioner
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transfer
claimant
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rights
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recovery
insurer
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requirement
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carrier
sue
recover
judgment
name
original
claimant
american
tobacco
purpose
invoking
statute
said
insure
may
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existence
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claims
insure
suits
judgments
names
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claimants
able
avail
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rights
respect
venue
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claims
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claimants
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provisions
statute
making
void
assignment
power
attorney
government
contractor
protection
government
hobbs
mclean
mcgowan
parish
absence
rule
government
danger
becoming
embroiled
conflicting
claims
delay
embarrassment
chance
multiple
liability
martin
national
surety
government
contends
inconvenience
administrative
accounting
difficulties
procedural
problems
apprehended
may
involve
government
subrogees
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bring
suits
tort
claims
act
names
make
apt
situation
application
congressional
intent
noted
outset
however
courts
argument
even
petition
certiorari
government
contended
complete
bar
recovery
subrogee
brief
argument
suggested
insurance
carrier
recover
suit
brought
name
insured
use
insurer
citing
first
time
american
tobacco
supra
decision
reflecting
procedure
upon
reliance
placed
reason
opinions
focused
upon
whether
absolute
bar
recovery
subrogee
rather
merely
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recovery
name
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think
however
even
limited
somewhat
reliance
upon
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first
uniform
interpretation
given
statute
past
years
second
many
affirmative
indications
congressional
intent
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claims
excluded
suit
name
subrogee
tort
claims
act
enacted
part
statute
entitled
act
prevent
frauds
upon
treasury
primary
purpose
undoubtedly
prevent
persons
influence
buying
claims
might
improperly
urged
upon
officers
government
spofford
kirk
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purpose
upon
government
relies
inferred
language
statute
purpose
prevent
possible
multiple
payment
claims
make
unnecessary
investigation
alleged
assignments
enable
government
deal
original
claimant
spofford
kirk
supra
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niblack
early
cases
construed
statute
strictly
holding
assignments
included
within
statute
assignments
conferred
rights
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upon
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claimant
upon
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creating
interest
claim
spofford
kirk
supra
pages
see
also
national
bank
commerce
downie
ann
cas
nutt
knut
paul
duluth
rigor
rule
early
relaxed
cases
thought
productive
evils
statute
designed
obviate
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operation
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held
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name
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claims
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claims
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prohibition
statute
title
force
law
without
act
parties
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term
case
presented
assignee
bankruptcy
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claim
bankrupt
held
suit
maintainable
despite
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act
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prevent
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upon
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consideration
gillis
case
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cases
voluntary
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demands
government
embrace
cases
transfer
title
operation
law
passing
claims
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evil
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within
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settled
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approval
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contrary
statements
cases
approving
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supra
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always
exempt
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addition
assignment
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kind
involve
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situations
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suffer
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embarrassments
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transfer
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supra
consolidation
corporations
seaboard
air
line
purchase
judicial
sale
corporate
reorganization
western
pacific
pointed
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may
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claimant
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give
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claimant
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think
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referred
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include
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cases
harass
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number
persons
deal
danger
enlisting
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influences
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claim
exigencies
party
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made
page
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see
also
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swayne
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scope
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aimed
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harassment
interpretation
nearly
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exempted
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law
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understanding
congress
subrogation
claims
within
bar
passed
tort
claims
act
abundantly
clear
number
different
particulars
small
tort
claims
act
provided
heads
departments
consider
ascertain
adjust
determine
claim
account
damages
loss
privately
owned
property
amount
claim
exceed
caused
negligence
officer
employee
government
acting
within
scope
employment
claims
found
due
certified
congress
payment
question
directed
attorney
general
claim
made
owner
property
damaged
certified
may
properly
certified
made
insurance
company
become
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owner
receive
compensation
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suffered
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general
mitchell
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transfer
operation
law
right
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payment
amount
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cases
voluntary
assignment
demands
government
thought
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one
concerning
purpose
intent
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enacting
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tort
claims
act
body
asked
interpret
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passing
upon
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claims
certified
expressly
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attention
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claims
names
insurance
carriers
regularly
submitted
congress
consistently
approved
act
repealed
present
tort
claims
act
attorney
general
opinion
approved
congressional
acquiescence
noted
comptroller
general
opinions
compt
unique
interpretation
congress
statute
thus
settled
question
whether
bar
subrogation
claims
small
tort
claims
act
language
nearly
identical
present
tort
claims
act
permitted
recovery
account
damages
loss
privately
owned
property
specific
reference
statute
necessary
preclude
recovery
subrogees
names
inapplicable
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clearly
view
congress
enacted
tort
claims
act
foreign
claims
legislation
intended
result
congress
explicitly
provided
claims
officers
consider
ascertain
determine
pay
claims
account
injury
death
property
loss
damage
claimants
foreign
countries
claims
insured
excluding
claims
subrogees
purpose
provision
enacted
fulfill
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petitioner
contends
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exception
found
tort
claims
act
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exceptions
spelled
great
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significance
provision
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claims
statute
first
congress
wished
exclude
claims
subrogees
said
second
congress
think
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function
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provision
see
stat
executive
departments
interpret
applicable
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claims
report
hearings
sess
makes
plain
bill
drafted
treasury
department
required
subrogees
institute
actions
subrogors
competent
jurisdiction
restrain
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claimant
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funds
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final
decision
reached
receive
money
assistant
general
counsel
treasury
explaining
bill
stated
case
gillis
stating
effect
section
universal
application
covered
claims
every
tribunal
might
asserted
indicated
language
necessary
decision
transfers
assignments
compelled
law
resulting
operation
law
might
within
purview
section
time
one
exception
another
carved
section
courts
recognize
many
types
adverse
claims
basis
effect
suits
government
including
suits
based
upon
assignments
operation
law
subrogation
equitable
liens
hearings
subcommittee
house
committee
judiciary
sess
therefore
seriously
contended
congress
executive
departments
cognizant
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claims
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claims
act
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sweep
language
assuming
liability
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person
purpose
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consideration
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claims
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claims
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part
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intend
claims
barred
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must
defend
suits
subrogees
private
person
rule
federal
rules
civil
procedure
specifically
made
applicable
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claims
provides
action
shall
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name
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party
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course
substantive
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qualifies
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entire
loss
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insured
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party
interest
must
sue
name
moore
federal
practice
ed
paid
part
loss
insured
insurer
insurers
also
paid
portions
loss
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rights
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qualify
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parties
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cases
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subrogation
question
arises
whether
suit
may
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insurer
alone
whether
suit
must
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name
insured
use
use
insurance
company
whether
parties
interest
must
join
action
practice
rights
acquired
subrogation
enforced
action
law
name
insured
insurer
use
hall
long
nashville
railroad
companies
wall
american
tobacco
supra
also
true
suits
assignments
glenn
marbury
justice
stone
characterized
rule
vestige
common
law
reluctance
admit
chose
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aetna
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ins
moses
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rules
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obviously
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true
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memphis
insurance
admiralty
liverpool
great
western
steam
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rule
reason
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cases
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county
diebold
safe
lock
applying
state
code
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act
moore
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practice
ed
parties
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rules
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made
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assert
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legal
foundation
upon
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argument
number
district
courts
courts
appeals
government
relied
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sovereign
immunity
must
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attitude
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claims
act
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judge
cardozo
statement
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rigor
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footnotes
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action
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york
workmen
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employee
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compensation
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action
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within
one
year
cause
action
accrued
failure
shall
operate
assignment
cause
action
person
association
corporation
insurance
carrier
liable
payment
compensation
courts
appeals
seven
circuits
upheld
right
subrogees
sue
tort
claims
act
state
farm
mutual
liability
insurance
aetna
casualty
surety
yorkshire
insurance
south
carolina
state
highway
old
colony
insurance
national
american
fire
insurance
chicago
appeals
fifth
circuit
reached
contrary
conclusion
hill
judge
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bench
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hill
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note
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position
square
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spofford
kirk
justified
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martin
national
surety
furthermore
require
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party
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rules
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upon
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rules
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interpretation
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claims
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must
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sections
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made
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act
claimants
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influencing
members
congress
prohibited
destruction
withdrawal
public
records
see
paul
duluth
butler
goreley
hager
swayne
ball
halsell
price
forrest
national
bank
commerce
downie
western
pacific
example
transfers
intestacy
within
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cases
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multiply
persons
must
deal
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well
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holtzoff
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tort
claims
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house
committee
report
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companies
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injured
whose
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claimant
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necessity
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parties
members
house
committee
claims
aware
problem
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insurance
time
tort
claims
act
passed
demonstrated
committee
report
submitted
less
two
weeks
prior
passage
act
subrogation
claims
presented
insurance
companies
connection
crash
army
airplane
empire
state
building
war
department
recommended
congress
empire
state
private
claimants
paid
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losses
done
refused
recommend
payment
insured
losses
introduced
appropriate
sum
companies
full
satisfaction
subrogation
claims
committee
made
specific
reference
attorney
general
mitchell
opinion
noted
since
time
war
department
paid
subrogation
claims
less
military
claims
act
disapproved
department
refusal
certify
claims
assertion
congress
consistently
refused
recognize
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claims
barred
committee
report
contains
flat
denial
statement
accordance
fact
cites
number
subrogation
claims
favorably
acted
upon
congress
bill
favorably
reported
nine
days
later
tort
claims
act
passed
stat
provided
private
bill
authorize
payment
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suit
might
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act
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since
claims
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date
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company
subrogees
brought
suit
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district
government
interposed
defense
based
despite
committee
specific
approval
payment
directly
subrogees
defense
rejected
niagara
fire
ins
formerly
see
note
supra
clearly
parties
familiar
test
shields
barrow
parties
interest
nature
final
decree
made
without
either
affecting
interest
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condition
final
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may
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see
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county
diebold
safe
lock
hubbard
manhattan
trust
rogers
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mining
moore
federal
practice
ed
counterclaim
statute
confers
jurisdiction
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courts
claim
demand
whatever
part
plaintiff
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action
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statute
directs
deduction
judgments
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claims
debts
plaintiff
therein
shall
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italics
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need
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rights
counterclaim
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lie
suits
brought
cf
munsey
trust
defense
supplies
lines