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BANKS v. UNITED STATES

No. 113, Docket 25254.

267 F.2d 535 (1959)

Josephine BANKS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 22, 1959.

Attorney(s) appearing for the Case

Douglas A. Kahn, Atty., Department of Justice, Washington, D. C., Samuel D. Slade, Attorney, Civil Division, Department of Justice, Washington, D. C., (George Cochran Doub, Asst. Atty. Gen., Simon S. Cohen, U. S. Atty., for District of Connecticut, Hartford, Conn., Morton Hollander, Atty., Department of Justice, Washington, D. C., on the brief), for defendant-appellant.

Ufa E. Guthrie, Hartford, Conn., for plaintiff-appellee.

Before MEDINA and HINCKS, Circuit Judges, and MATHES, District Judge.

MATHES, District Judge.

Death of the insured serviceman having occurred prior to the 1946 amendment of § 602(g) of the National Life Insurance Act eliminating the "restricted permitted class of beneficiaries as to policies maturing on or after August 1, 1946" [54 Stat. 1010 (1940), as amended by 60 Stat. 782 (1946), 38 U.S.C. § 802(g)], the sole ground of contest in the District Court was appellant's contention that appellee, the sole claimant, did not qualify...

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