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CHAVEZ v. UNITED STATES

No. 1098.

74 F.2d 508 (1934)

CHAVEZ v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 18, 1934.

Attorney(s) appearing for the Case

Theo. E. Jones, of Albuquerque, N. M. (W. A. Keleher, of Albuquerque, N. M., on the brief), for appellants.

Young M. Smith, Atty., Department of Justice, of Washington, D. C. (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Wm. J. Barker, U. S. Atty., of Santa Fé, N. M., and A. Gilberto Espinosa, Asst. U. S. Atty., of Albuquerque, N. M., on the brief), for the United States.

Before LEWIS and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.

PHILLIPS, Circuit Judge.

A policy of war risk insurance for $10,000 was issued to Fermin Martinez. He was discharged from the military service on July 1, 1919, and died December 28, 1919. A sister, Mary Martinez, was named beneficiary in the policy. She preceded insured in death, and no new beneficiary was named. Juan Kelly and Arthur Chavez, children of Mary Martinez, survived insured and were his only heirs at law. Juan died May 10, 1930, leaving Arthur as his sole...

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