UNITED STATES v. HOLLEY

No. 13881.

199 F.2d 575 (1952)

UNITED STATES v. HOLLEY.

United States Court of Appeals Fifth Circuit.

November 12, 1952.


Attorney(s) appearing for the Case

Russell Chapin, Atty., Dept. of Justice, Washington, D. C., James H. Fort, Asst. U. S. Atty., Macon, Ga., for appellant.

Vance Custer, Chas. H. Kirbo and W. H. Miller, Bainbridge, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


HOLMES, Circuit Judge.

Upon an agreed statement of facts, the court below sustained appellee's right to recover the proceeds of two National Service Life Insurance policies, issued to Albert Sidney Holley while in the armed forces. The action was brought against the United States under 38 U.S.C.A. § 801 et sequitur.

The insured was discharged from the service on October 29, 1945, with no apparent disability. The policies of insurance were in effect until...

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