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WILMOTH v. UNITED STATES

No. 23189.

432 F.2d 1339 (1970)

Barbara L. WILMOTH v. UNITED STATES June Wilmoth Haley Florence J. Wilmoth, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 1970.

Petition for Rehearing Denied September 11, 1970.

Attorney(s) appearing for the Case

Mr. H. Clay Espey, Washington, D. C., for appellant.

Mr. Richard L. Walsh, Washington, D. C., for appellees Haley and Wilmoth, Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., and Morton Hollander, Attorney, Department of Justice, filed appearances for appellee, United States.

Before McGOWAN, ROBINSON, and MacKINNON, Circuit Judges.

PER CURIAM:

Appellee Barbara Wilmoth sued the United States in the District Court under 38 U.S.C. § 784, claiming a share in the proceeds of a National Service Life Insurance contract held by her deceased brother.1 As contemplated by the statute, the United States interpleaded appellant Florence Wilmoth, who was the decedent's wife, and appellee June Wilmoth Haley, who was another sister.

In 1951 the decedent had designated...

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