McCLENDON v. UNITED STATES

No. 9259.

163 F.2d 895 (1947)

McCLENDON v. UNITED STATES et al.

Circuit Court of Appeals, Seventh Circuit.

October 13, 1947.


Attorney(s) appearing for the Case

John M. Karns and James F. Wheatley, both of East St. Louis, Ill., for appellant.

John F. Sonnett, Searcy Johnson, D. Vance Swann, and Wm. M. Lytle, all of Washington, D. C., Wm. W. Hart, U. S. Atty., and Ernest R. McHale, Ass't. U. S. Atty., Rudolph J. Kramer, Bruce A. Campbell, Robert E. Costello, and Roland H. Wiechert, all of East St. Louis, Ill., for appellees.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Plaintiff brought this action to recover benefits under a contract of insurance issued to her son, Ernest Kuykendall, under the National Service Life Insurance Act, as amended July 11, 1942, Chapter 13, Title 38 U. S. C. A. § 801 et seq., in which the insured named as his beneficiary Nezzie Clasberry, his grandmother, and, as contingent beneficiary, Zula Walls, his aunt. The Government answered, denying that plaintiff was entitled to...

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