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UNITED STATES v. FOULGER

No. 5629.

249 F.2d 237 (1957)

UNITED STATES of America, Appellant, v. Arthur Burton FOULGER, Appellee.

United States Court of Appeals Tenth Circuit.

October 21, 1957.

Attorney(s) appearing for the Case

Herbert E. Morris, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., Llewellyn O. Thomas, Asst. U. S. Atty., Salt Lake City, Utah, and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

LeRoy B. Young, Ogden, Utah (Paul Thatcher and Blaine V. Glasmann, Jr., Ogden, Utah, on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and BREITENSTEIN, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by appellee, Arthur Burton Foulger, to recover benefits claimed due him as contingent beneficiary under a $10,000 National Service Insurance Policy. He prevailed in the trial Court and the Government has appealed.

Ralph C. Foulger, the insured, was the unmarried son of appellee and his wife, Josephine B. Foulger. He entered the military service of the United States June 5...

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