WASHBURN v. UNITED STATES

No. 249.

63 F.Supp. 224 (1945)

WASHBURN v. UNITED STATES et al.

District Court, W. D. Missouri, St. Joseph Division.

November 24, 1945.


Attorney(s) appearing for the Case

Miles Elliott and Homer C. King, of Boyd, Elliott & King, all of St. Joseph, Mo., for plaintiff.

Sam M. Wear, U. S. Dist. Atty., of Kansas City, Mo., and Charles L. Chalender, Atty. for Department of Justice, of Springfield, Mo., for defendant United States of America.

Lewis F. Randolph, of St. Joseph, Mo., for defendant Marie Pearl Peck.


DUNCAN, District Judge.

This is an action arising under the National Service Life Insurance Act, 54 Stat. 1008, 38 U.S.C.A. § 802, and involves a question as to whether the proceeds of a National Service Life Insurance certificate are payable to the child of the insured, or to the "contingent" beneficiary. The facts are not in dispute, and the case is submitted upon stipulation.

On March 1, 1942, while in the active military service of the United States...

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