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JONES v. UNITED STATES

No. 17554.

266 F.2d 654 (1959)

Delma E. (Dutton) JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 21, 1959.

Attorney(s) appearing for the Case

O. Jay Floyd and Kenny, Adkison & Floyd, Dallas, Tex., for appellant.

W. E. Smith, Asst. U. S. Atty., William N. Hamilton, Asst. U. S. Atty., Dallas, Tex., W. B. West, III, U. S. Atty., Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

"Is William Henry Dutton, Jr., dead? If so, did he die before the 26th day of February, 1946?"

With these two questions appellant has briefly stated the only issues in this case which sought recovery under a National Service Life Insurance policy. For while the unsuccessful Beneficiary urges questions of admissibility of evidence and prejudicial statements by Government counsel, consideration...

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