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RILEY v. UNITED STATES

Civ. No. 314-F.

116 F.Supp. 155 (1953)

RILEY v. UNITED STATES. (KELLEY et al., third-party defendants).

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

November 12, 1953.

Attorney(s) appearing for the Case

Steptoe & Johnson, Oscar J. Andre and Ernest C. Swiger, Clarksburg, W. Va., for plaintiff.

Howard Caplan, U. S. Atty., Clarksburg, W. Va., for defendant and third-party plaintiffs.

William G. Johnson, Clarksburg, W. Va., for third-party defendants.

WILKIN, District Judge.

This is an action to recover on the National Service Life Insurance Policy issued by the United States to the plaintiff's former husband, Charles P. Kelley. The case was submitted on the pleadings, the evidence, a stipulation of facts, briefs, and oral argument. The three controlling issues are:

(1) Whether the act of the insured in naming his wife the beneficiary in an AAF Personal Affairs Statement was

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