UNITED STATES v. CHAVEZ

Nos. 1416, 1417.

87 F.2d 16 (1936)

UNITED STATES v. CHAVEZ et al. CHAVEZ et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 10, 1936.


Attorney(s) appearing for the Case

Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C. (Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Fendall Marbury, Atty., Department of Justice, of Washington, D. C., and William J. Barker, U. S. Atty., of Santa Fe, N. M., and A. Gilberto Espinosa, Asst. U. S. Atty., of Albuquerque, N. M., on the briefs), for the United States.

Theo. E. Jones, of Albuquerque, N. M. (W. A. Keleher, of Albuquerque, N. M., on the brief), for Arthur Chavez et al.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


PHILLIPS, Circuit Judge.

This is an action to recover death benefits on a policy of war risk insurance for $10,000 issued to Fermin Martinez. Mary C. Martinez, a sister of the insured and the beneficiary designated in the policy, died intestate during the lifetime of the insured. The insured died intestate on December 28, 1919, without having designated a new beneficiary. On January 17, 1925, an award was made to Benicio Martinez as father of the insured. Monthly...

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