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FOREMAN v. PRUDENTIAL INS. CO.

Nos. 80-7080, 80-9067.

657 F.2d 717 (1981)

Ruby Walls FOREMAN, as Administratrix of the Estate of Allen Frank Walls, deceased, Plaintiff-Appellee, Ruby Walls Foreman and Terry Lee Walls, as Guardians of the person and estate of Charity Annette Walls, Intervenors-Appellees, v. The PRUDENTIAL INSURANCE COMPANY and The United States of America, Defendants-Appellants. James M. MOORE and Betty Watson Moore, Plaintiffs-Appellees, v. The PRUDENTIAL INSURANCE COMPANY and the United States of America, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

September 28, 1981.

Attorney(s) appearing for the Case

Spain, Gillon, Riley, Tate & Etheredge, Ralph B. Tate, J. Stuart Wallace, Birmingham, Ala., for Prudential Ins. Co. in No. 80-7080.

Erwin, Epting, Gibson, McLeod & Blasingame, Eugene A. Epting, M. Steven Heath, Athens, Ga., for Prudential Ins. Co. in No. 80-9069.

Kenneth E. Vines, Asst. U. S. Atty., Montgomery, Ala., Margaret E. Clark, William Kanter, Sandra Wien Simon, Civ. Div., Dept. of Justice, Washington, D. C., for the U. S.

Ernest C. Hornsby, Steven F. Schmitt, Tallassee, Ala., for plaintiff-appellee and intervenors-appellees in No. 80-7080.

James W. Smith, Athens, Ga., for plaintiffs-appellees in No. 80-9067.

Before MORGAN, RONEY and KRAVITCH, Circuit Judges.

RONEY, Circuit Judge:

These two cases raise the identical question: are first time enlistees in the Army National Guard, who die before commencing basic training, covered by Servicemen's Group Life Insurance. Holding that SGLI coverage comes into effect upon enlistment and assignment to a Guard unit which meets the statutory requirements, we affirm the judgments of the district courts, which both upheld insurance coverage...

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