STRAUSS v. UNITED STATES

No. 103, Docket 20359.

160 F.2d 1017 (1947)

STRAUSS v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied June 16, 1947.


Attorney(s) appearing for the Case

James P. Cotter, of Buffalo, N.Y., for plaintiff-respondent.

James O. Moore, Sr., of Buffalo, N.Y., for defendant-appellant.

George L. Grobe, U.S.Atty., for the Northern District of New York, of Buffalo, N.Y., for defendant.

Before SWAN, CHASE and FRANK, Circuit Judges.


Writ of Certiorari Denied June 16, 1947. See 67 S.Ct. 1741.

FRANK, Circuit Judge.

The only issue is whether the court below correctly concluded that the defendant did not stand in loco parentis to the insured. It is clear that the insured thought she did, and that he wished her to receive the proceeds of the policy, but this is not decisive of the question. The National Insurance Act, 38 U.S.C.A. § 802(g) provides that "the insurance shall be payable...

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