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UNITED STATES v. KELLEY

No. 10027.

136 F.2d 823 (1943)

UNITED STATES v. KELLEY.

Circuit Court of Appeals, Ninth Circuit.

Motion to Amend Opinion Denied September 7, 1943.

Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen., Lester P. Schoene, Director, Bureau of War Risk Litigation, and Wilbur C. Pickett and Fendall Marbury, Attys., Department of Justice, all of Washington, D. C., Leo V. Silverstein and Charles H. Carr, U. S. Attys., and Daniel Dillon, Atty., Department of Justice, all of Los Angeles, Cal., and Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., for appellant.

Sylvester Hoffmann, of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

MATHEWS, Circuit Judge.

Upon his application dated March 15, 1932, Government life insurance of $5,000 (policy No. K-919427) was granted to Thomas Joseph Kelley under § 310 of the World War Veterans' Act, 1924, as amended, 38 U.S.C.A. § 512a. Appellee, Kelley's wife, was named as beneficiary. Kelley died on August 10, 1935. Appellee, claimed insurance under the policy. The Administrator of Veterans' Affairs denied the claim. Appellee brought an action on...

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