FOX v. UNITED STATES

No. 14161.

201 F.2d 883 (1953)

FOX et al. v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 2, 1953.


Attorney(s) appearing for the Case

H. J. Yarborough, Dallas, Tex., White & Yarborough, Dallas, Tex., for appellants.

Warren G. Moore, U. S. Atty., Tyler, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RIVES, Circuit Judges.


BORAH, Circuit Judge.

Upon an agreed statement of facts, the court below denied appellants' right to recover the proceeds of a National Service Life Insurance policy of gratuitous insurance automatically granted to Jimmie B. Anderson while in the armed forces.

The controversy is bottomed on these facts: Jimmie B. Anderson while in the military service of the United States became totally disabled in the line of duty on January 28, 1942, and was admitted to...

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