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GATES v. UNITED STATES

No. 73-1162.

481 F.2d 850 (1973)

Albert H. GATES, Plaintiff-Appellant, v. UNITED STATES of America and Prudential Insurance Company of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 11, 1973.

Attorney(s) appearing for the Case

Phillip D. Hardberger, Donald J. Walheim, San Antonio, Tex., for plaintiff-appellant.

James D. Baskin, Jr., San Antonio, Tex., for Prudential Ins. Co. of America.

C. J. Calnan, San Antonio, Tex., for the United States.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

COLEMAN, Circuit Judge:

Albert H. Gates, the father of a deceased serviceman, sued the United States and the Prudential Insurance Company of America to recover his statutory share of the proceeds of Serviceman's Group Life Insurance (SGLI), 38 U.S.C. § 765 et seq. The trial court denied recovery, Gates v. United States, 351 F.Supp. 273 (W.D., Tex., 1972). The District Judge was of the view that the father had failed to make...

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