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KIMBALL v. UNITED STATES

No. 14716.

304 F.2d 864 (1962)

Anna Marie KIMBALL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, v. Hazel Mathes KIMBALL, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 6, 1962.

Attorney(s) appearing for the Case

John F. Norton, Cleveland, Ohio, for appellant Anna Marie Kimball, Dan B. Cull, Cleveland, Ohio, on the brief.

John R. Milligan, Jr., Canton, Ohio, for appellee Hazel Mathes Kimball, Russell E. Ake, U. S. Atty., Cleveland, Ohio, on the brief.

Alan S. Rosenthal, Dept. of Justice, Washington, D. C., for United States, William H. Orrick, Jr., Asst. Atty. Gen., Marvin S. Shapiro, Atty., Dept. of Justice, Washington, D. C., Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, on the brief.

Before McALLISTER and O'SULLIVAN, Circuit Judges, and BOYD, District Judge.

PER CURIAM.

The issue in this case is whether an insured veteran under a United States Government Life Insurance Policy can effectively contract away his right to change the beneficiary of his policy.

Appellant was the first wife of Wayne E. Kimball, the deceased veteran in this case. They were divorced in 1933, and, in a separation agreement incorporated in the divorce decree, Kimball was required to surrender the policy here in question to appellant and...

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