BENARD v. UNITED STATES

No. 18288.

368 F.2d 897 (1966)

Howard J. BENARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

November 30, 1966.


Attorney(s) appearing for the Case

Marion F. Wasinger, of Carstarphen, Harvey & Wasinger, Hannibal, Mo., for appellant.

Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., for appellee. John W. Douglas, Asst. Atty. Gen., Dept. of Justice, Alan S. Rosenthal and Walter H. Fleischer, Attys., Dept. of Justice, Washington, D. C., and Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., for appellee.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT and LAY, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This is an appeal by Howard J. Benard, named beneficiary in a National Service Life Insurance (N.S.L.I.) policy of $10,000 issued pursuant to 38 U.S.C. § 801 et seq., 1952 ed., to his son George C. Benard, from final judgment dismissing his complaint in which he sought to collect the proceeds of such insurance. Jurisdiction is established by 38 U.S. C.A. § 784. The trial court's opinion is reported at 248...

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