Legal Opinion

Josephine Banks v. United States

Court of Appeals for the Second Circuit

Decided May 22, 1959No. 25254_1PublishedCited by 6 opinions

1Opinion of the Court

MATHES, District Judge.

Death of the insured serviceman having occurred prior to the 1946 amendment of § 602(g) of the National Life Insurance Act eliminating the “restricted permitted class of beneficiaries as to policies maturing on or after August 1, 1946” [54 Stat. 1010 (1940), as amended by 60 Stat. 782 (1946), 38 U.S.C. § 802(g)], the sole ground of contest in the District Court was appellant’s contention that appellee, the sole claimant, did not qualify as a member of the permitted class of beneficiaries.

The applicable pre-1946 provisions of § 602(g) are that: “The insurance shall be…

2Cases cited14 opinions

  1. Helvering v. GowranSupreme Court of the United States · 1937
  2. United States v. ZazoveSupreme Court of the United States · 1948
  3. Niewiadomski v. United StatesCourt of Appeals for the Sixth Circuit · 1947
  4. Leyerly v. United StatesCourt of Appeals for the Tenth Circuit · 1947
  5. United States v. HenningSupreme Court of the United States · 1952

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3Cited by6 opinions

  1. United States v. H. F. Keeler and Alice H. Keeler, His WifeCourt of Appeals for the Ninth Circuit · 1962
  2. Mid-American Lines, Inc. v. Industrial CommissionIllinois Supreme Court · 1980
  3. James v. McLindenDistrict Court, D. Connecticut · 1969
  4. Green v. WellsDistrict Court, D. Maryland · 1971
  5. State v. HayesOhio Court of Appeals · 1987

1 more not listed; retrieve them via the Exa API.

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