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PEAK v. UNITED STATES

No. 12511.

229 F.2d 503 (1956)

Leona PEAK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

February 14, 1956.

Attorney(s) appearing for the Case

John S. Wrinkle, Chattanooga, Tenn. (C. G. Milligan, Chattanooga, Tenn., on the brief), for appellant.

Alan S. Rosenthal, Dept. of Justice, Washington, D. C. (Warren E. Burger, Paul A. Sweeney, Washington, D. C., John C. Crawford, Jr., Knoxville, Tenn., on the brief), for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

SIMONS, Chief Judge.

The appellant was the beneficiary in a National Service Life Insurance policy issued to her soldier son. Her suit to recover on the policy was dismissed on the ground that the Court had no jurisdiction of the subject matter and that her complaint failed to state a claim upon which relief could be granted. The basic facts are not in dispute.

Oscar Charles Peak, Jr., the son, was inducted during...

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