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UNITED STATES v. SHORT

No. 14668.

240 F.2d 292 (1956)

UNITED STATES of America, Appellant, v. Margaret D. SHORT, as Administratrix of the Estate of Ethel Grace Short, deceased, Appellee. James Harvey SHORT, individually and as Administrator of the Estate of Irving Ritchie Short, deceased, Appellant, v. Margaret D. SHORT, as Administratrix of the Estate of Ethel Grace Short, deceased, Appellee.

United States Court of Appeals Ninth Circuit.

October 12, 1956.

Attorney(s) appearing for the Case

Warren E. Burger, Asst. Atty. Gen., Melvin Richter, Julian H. Singman, Attys., Department of Justice, Washington, D. C., Lloyd H. Burke, U. S. Atty., Richard C. Nelson, Asst. U. S. Atty., San Francisco, Cal., for appellant the United States.

Frank V. Cornish, Francis T. Cornish, Cornish & Cornish, Berkeley, Cal., for appellant James Harvey Short.

George Clark, Clark & Morton, Berkeley, Cal., for appellee.

Before STEPHENS and FEE, Circuit Judges, and JAMES M. CARTER, District Judge.

JAMES M. CARTER, District Judge.

This case involves a contest over the proceeds of a National Service Life Insurance Policy, and raises the question as to whether Sec. 8.91(b) of the Regulations of the Veterans Administration, 13 F.R. 7108, 38 C.F.R. 8.91(b) (1949) is a valid regulation, is consistent with the statute concerning National Service Life Insurance, and is necessary or appropriate to carry out the purposes of such statute.

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