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JOHNSON v. UNITED STATES

No. 1759.

102 F.2d 729 (1939)

JOHNSON et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 17, 1939.

Attorney(s) appearing for the Case

W. V. Pryor, of Sapulpa, Okl. (Heber Finch, of Sapulpa, Okl., on the brief), for appellants.

Fendall Marbury, Sp. Asst. to Atty. Gen. (Whit Y. Mauzy, U. S. Atty., of Tulsa, Okl., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett, Sp. Asst. to Atty. Gen., on the brief), for the United States.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

This is an action to recover on a policy of war risk insurance issued to Eli Kay, who was inducted into the military service August 2, 1918, discharged August 19, 1919, and died intestate September 4, 1922. Lucy McNack, a sister of the insured was the named beneficiary in the policy, and she died intestate April 22, 1925. Willie Kay, Chisso Kay, Rhoda Johnson, Betsy Hardridge, and Sam Johnson, purporting to act as administrator of the estate...

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