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LEWIS v. UNITED STATES

Civ. A. No. 256-F.

105 F.Supp. 73 (1952)

LEWIS et al. v. UNITED STATES et al.

United States District Court N. D. West Virginia, Fairmont Division.

May 29, 1952.

Attorney(s) appearing for the Case

Herschel Rose, Jr., Fairmont, W. Va., and Linn Mapel Brannon, Weston, W. Va., for plaintiffs.

C. Lee Spillers, U. S. Atty., Wheeling, W. Va., and Howard Caplan, Asst. U. S. Atty., Clarksburg, W. Va., for U. S.

William G. Johnson, Clarksburg, W. Va., for Curtis Blankenship and Nina Blankenship.

Ronald A. Clapperton, Summersville, W. Va., for Theodore Fleming Lewis, non compos mentis, and Wallace Kincaid, committee of Theodore Fleming Lewis, non compos mentis.

WATKINS, District Judge.

The question to be decided in this case is who stood "in loco parentis" to Harvey Lewis, a 19-year-old serviceman who died June 19, 1944. The answer will determine who is entitled to collect the proceeds of his National Service Life Insurance in the amount of $10,000.

Harvey Lewis was born April 24, 1925, and entered upon active service in the Navy on December 10, 1943. He designated as principal beneficiary "Curtis Blankenship, in...

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