United States of America, on Behalf of Lizzie Burton Jones v. Sally B. Williams, Annie B. Johnson, Presely Burton and Judge Burton

HOLMES, Circuit Judge.

This action was brought by Presley Burton, Jr., to recover certain unpaid installments, alleged to be owing him as contingent beneficiary under a National Service Life Insurance certificate issued to his brother on June 26, 1943. This appeal is from a summary judgment for Presley Burton, Jr., and three individuals who were not parties to this action. The opinion of the court below, with a complete statement of the issues and relevant facts, is reported in 95 F.Supp. 474.

The insured designated his wife and his father as principal beneficiaries, specifying that the…