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UNITED STATES v. MALLERY

No. 283.

48 F.2d 6 (1931)

UNITED STATES v. MALLERY et al.

Circuit Court of Appeals, Second Circuit.

March 16, 1931.

Attorney(s) appearing for the Case

R. M. Page, of Johnson City, N. Y., for appellant.

Frederick E. Hawkes, of Waverly, N. Y., for appellees.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y., for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

George Sidney Mallery, a soldier in the American Army during the late war, on November 20, 1917, took out insurance upon his life for $10,000 under the War Risk Insurance Act of October 6, 1917 (40 Stat. 398). He designated as beneficiaries of such insurance his mother for the sum of $5,000, and his father, the present appellant, for the sum of $5,000. He died in France in October, 1918, and thereafter payments on account of such insurance were...

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