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COOMER v. UNITED STATES

No. 72-1759.

471 F.2d 1 (1973)

Jessie E. COOMER, Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees. SERVICEMEN'S GROUP LIFE INSURANCE and Prudential Life Insurance Company, Defendants-Third-Party Plaintiffs-Appellants, v. Patricia Gay COOMER, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 2, 1973.

Attorney(s) appearing for the Case

Thomas Dale, T. D. Wells, Paris, Tex., for Coomer.

John A. Gilliam, Bennett W. Cervin, Frank Finn, Dallas, Tex., for Servicemen's and Prudential.

Roby Hadden, U. S. Atty., C. Houston Abel, Asst. U. S. Atty., Tyler, Tex., for the United States.

Before MORGAN, CLARK and INGRAHAM, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

On this appeal we must decide whether a deceased serviceman validly designated his father as beneficiary of his Servicemen's Group Life Insurance policy within the terms of 38 U.S.C. § 769(a). The district court held that because there was no written beneficiary designation existing in the deceased's personnel file at the time of his death no designation occurred and therefore the proceeds of the policy should be paid to the deceased...

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