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WATERS v. UNITED STATES

No. 19895.

316 F.2d 301 (1963)

Elizabeth M. WATERS, the duly qualified Testamentary Tutrix of the minors, Peter B. Waters and Isabel P. Waters, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 30, 1963.

Attorney(s) appearing for the Case

B. Lloyd Magruder, Edmund McIlhenny, Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., for appellant.

Louis R. Lucas, Asst. U. S. Atty., Louis C. La Cour, U. S. Atty., New Orleans, La., for appellee.

Before RIVES, Circuit Judge, and BOOTLE and AINSWORTH, District Judges.

RIVES, Circuit Judge.

This action on a contract of National Service Life Insurance was brought under the Act of September 2, 1958, 72 Stat. 1165, 38 U.S.C.A. § 784, which permits such an action "[i]n the event of disagreement as to claim," Sec. 784(a), and defines the critical words as follows:

"(h) The term `claim' as used in this section means any writing which uses words showing an intention to claim insurance benefits; and the term `disagreement...

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