BARTON v. UNITED STATES

No. 5527-WM.

75 F.Supp. 703 (1948)

BARTON v. UNITED STATES et al.

District Court, S. D. California, Central Division.

February 5, 1948.


Attorney(s) appearing for the Case

William E. MacFaden, of Redondo Beach, Cal. for plaintiff.

James M. Carter, U. S. Atty., and Robert Komins, Asst. U. S. Atty., both of Los Angeles, Cal., and Francis J. McGan, Atty., Dept. of Justice, of Butte, Mont., for defendant United States.

Meserve, Mumper & Hughes and Leo E. Anderson, all of Los Angeles, Cal. for defendants Ella Moran Barton Ferris and Donald R. Barton.


MATHES, District Judge.

Plaintiff sues for a portion of the death benefits payable under a policy issued to her deceased husband pursuant to the National Service Life Insurance Act of 1940, as amended, 38 U.S.C.A. §§ 801-818.

Defendants are the insured's mother, Ella Moran Barton Ferris, who claims the entire proceeds as first beneficiary designated in the policy; the insured's brother, Donald R. Barton, who is contingent beneficiary; and the United...

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