UNITED STATES v. FITCH

No. 4054.

185 F.2d 471 (1950)

UNITED STATES v. FITCH.

United States Court of Appeals Tenth Circuit.

November 16, 1950.


Attorney(s) appearing for the Case

Thomas E. Walsh, Attorney, Department of Justice, Washington, D. C., (Everett M. Grantham, U. S. Atty., Albuquerque, N. M., Albert H. Clancy, Asst. U. S. Atty., Santa Fe, N. M., H. G. Morison, Asst. Atty. Gen., D. Vance Swann, Attorney Department of Justice, Washington, D. C., on the brief), for appellant.

T. K. Campbell, Las Cruces, N. M., for appellee.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

This was an action by the appellee, Mary Aguirre Fitch, to recover as beneficiary of a $10,000.00 National Service Life Insurance contract issued to her husband, Henry Barncastle Fitch. The case was tried by the court without a jury and judgment was entered in her favor and the government has appealed.

The controlling facts are not in dispute. Fitch, hereinafter referred to as the insured, while on active duty with the armed forces...

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