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LEAHY v. UNITED STATES

No. 411.

10 F.2d 617 (1926)

LEAHY v. UNITED STATES et al.

District Court, D. Montana.

January 28, 1926.

Attorney(s) appearing for the Case

Sydney Sanner, Dan M. Kelly, and J. C. Kelly, all of Butte, Mont., for plaintiff.

John L. Slattery, U. S. Atty., of Helena, Mont., F. A. Silver, Asst. U. S. Atty., of Butte, Mont., and John M. George, of Washington, D. C., for the United States.

Geo. W. Farr, of Miles City, Mont., and Stanley Doyle, of Glendive, Mont., for defendant Akey.

BOURQUIN, District Judge.

This suit involves the proceeds of a War Risk Insurance contract, wherein Leahy alleges she has superseded the original beneficiary, Akey, by reason of due appointment by the insured, which defendants deny.

In plaintiff's behalf the evidence tends to prove that some two years before his death in November, 1923, the insured at Wibaux, Mont., to the Veterans' Bureau at Washington, duly mailed...

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