PROSE v. DAVIS

No. 9839.

177 F.2d 478 (1949)

PROSE v. DAVIS et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 18, 1949.


Attorney(s) appearing for the Case

Robert J. McPeak, Terre Haute, Ind., Ernest M. Causey, Terre Haute, Ind., Aikman, Piety & McPeak, Terre Haute, Ind., Miller, Causey & Aldridge, Terre Haute, Ind., for appellant.

Thomas P. Gallagher, Howard T. Batman, David I. Day, Jr., Terre Haute, Ind., B. Howard Caughran, U. S. Atty., Indianapolis, Ind., for appellees.

Before KERNER, DUFFY and FINNEGAN, Circuit Judges.


KERNER, Circuit Judge.

This appeal presents a somewhat different aspect of the problem of the determination of the beneficiary of a policy of National Service Life Insurance. The controversy is between a sister of the insured, who contends that he designated her as the beneficiary of his policy after the death of their father whom he had originally designated, and their stepmother who relies upon her status in loco parentis to recover by operation of law. We shall...

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