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PRUDENTIAL INS. CO. OF AMERICA v. MOORHEAD

No. 90-3088.

916 F.2d 261 (1990)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. William Edward MOORHEAD and Alice Ethyl Shnieble Moorhead, Defendants-Appellees, v. The Minor, Billie-Joe Piedra MOORHEAD, Defendant-Appellant, v. UNITED STATES of America, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

November 2, 1990.

Attorney(s) appearing for the Case

David E. Stanley, Stanley & Harrison, Baton Rouge, La., for defendant-appellant.

David R. Kelly, Breazeale, Sachse & Wilson, Baton Rouge, La., for Prudential.

David W. Robinson, Baton Rouge, La., for the Moorheads.

John C. Harrison, Douglas N. Letter, U.S. Dept. of Justice, Washington, D.C., for U.S. intervenor.

Before GEE, RUBIN, and DAVIS, Circuit Judges.

GEE, Circuit Judge:

Today we decide whether, consistent with the equal protection clause, Congress, in designating the order of eligible beneficiaries of military personnel life insurance — absent such a designation by the insured — may limit the class which includes illegitimate children so that only those illegitimate children who take appropriate action during the insured father's lifetime can be eligible beneficiaries. We conclude that the statutory...

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