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RILEY v. UNITED STATES

No. 6773.

212 F.2d 692 (1954)

RILEY v. UNITED STATES et al.

United States Court of Appeals Fourth Circuit.

Decided May 5, 1954.

Attorney(s) appearing for the Case

Oscar J. Andre, Charleston, W. Va. (Ernest C. Swiger and Steptoe & Johnson, Clarksburg, W. Va., on the brief), for appellant and cross-appellee.

Herman S. Greitzer, Atty., Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Howard Caplan, U. S. Atty., and Paul A. Sweeney, Atty., Department of Justice, Washington, D. C., on the brief), for appellee and cross-appellant.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is a civil action brought in the United States District Court for the Northern District of West Virginia under the provisions of the National Service Life Insurance Act of 1940, 38 U.S. C.A. § 801 et seq., involving the proceeds of a life insurance policy upon the life of Charles P. Kelley, who was killed in action in World War II while on a bombing raid over Japan. His widow, Virginia T. Riley...

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