LaFLOWER v. U.S.

No. 87-2041.

849 F.2d 8 (1988)

Robert H. LaFLOWER, et al., Plaintiffs, Appellants, v. UNITED STATES of America, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 8, 1988.


Attorney(s) appearing for the Case

David A. Wojcik with whom Gayle Flanders Weiss and Bowditch & Dewey, Worcester, Mass., were on brief for plaintiffs, appellants.

Mary Elizabeth Carmody, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Wayne A. Budd and Budd, Wiley & Richlin, P.C., Boston, Mass., were on brief for defendants, appellees.

Before BOWNES, Circuit Judge, WISDOM, Senior Circuit Judge, and BREYER, Circuit Judge.


BREYER, Circuit Judge.

After soldier Gary LaFlower was killed in an automobile accident, his parents sued the United States and Prudential Insurance Company to collect the proceeds of his U.S. Army life insurance policy. The relevant statute says that "such insurance shall cease ... at the end of the thirty-first day of a continuous period of ... absence without leave (AWOL)." 38 U.S.C. § 768(a)(1)(B) (1982). And, the district court, after trial, found that the...

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