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GLASS v. UNITED STATES

No. 74-1127.

506 F.2d 379 (1974)

Carolyn J. GLASS and Mary E. Glass, as mother and next of kin of Kenneth Eldon Glass, minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant and Third-Party Plaintiff-Appellant, v. Rebecca Frances GLASS, Third-Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 11, 1974.

Attorney(s) appearing for the Case

H. I. Aston, Tulsa, Okla. (Ed R. Crockett, Tulsa, Okla., on the brief), for plaintiffs-appellees.

David V. Seaman, Civ. Div., Dept. of Justice, Washington, D. C. (Carla A. Hills, Asst. Atty. Gen., Washington, D. C., Nathan G. Graham, U. S. Atty., Tulsa, Okla., and Morton Hollander, Civ. Div., Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellant.

Edward O. Monnet, Tulsa, Okla., for third-party defendant-appellee.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

The United States of America, Defendant and Third-Party Plaintiff, appeals from an adverse judgment after trial to the court. A summary of the pertinent facts will facilitate our review.

On April 9, 1967, Elliott M. Glass died as a result of a gunshot wound. At the time of his death, Glass was insured under a $10,000 National Service Life Insurance (NSLI) policy issued under the auspices of the Veterans Administration (V.A.). Under...

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