506 F.2d 379 (10th Cir. 1974), 74-1127, Glass v. United States
|Citation:||506 F.2d 379|
|Party Name:||Carolyn J. GLASS and Mary E. Glass, as mother and next of kin of Kenneth Eldon Glass, minor, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant and Third-Party Plaintiff-Appellant, v. Rebecca Frances GLASS, Third-Party Defendant-Appellee.|
|Case Date:||December 11, 1974|
|Court:||United States Courts of Appeals, Court of Appeals for the Tenth Circuit|
Argued Oct. 25, 1974.
H. I. Aston, Tulsa, Okia. (Ed. R. Crockett, Tulsa, Okla., on the brief), for plaintiffs-appellees.
David V. Seaman, Civ. Div., Dept. of Justice, Washington, D.C. (Carla A. Hills, Asst. Atty. Gen., Washington, D.C., Nathan G. Graham, U.S. Atty., Tulsa, Okla., and Morton Hollander, Civ. Div., Dept. of Justice, Washington, D.C., on the brief), for plaintiff-appellant.
Edward O. Monnet, Tulsa, Okla., for third-party defendant-appellee.
Before SETH, McWILLIAMS and BARRETT, Circuit Judges.
BARRETT, Circuit Judge.
The United States of America, Defendant and Third-Party Plaintiff, appeals from an adverse judgment after trial to the court. A summary of the pertinent facts will facilitate our review.
On April 9, 1967, Elliott M. Glass died as a result of a gunshot wound. At the time of his death, Glass was insured under a $10,000 National Service Life Insurance (NSLI) policy issued under the auspices of the Veterans Administration (V.A.). Under the terms of the policy, Elliott's second wife, Rebecca Frances Glass, Third-Party Defendant herein, was the primary beneficiary, and the children of his first marriage, 1 Carolyn J. and Kenneth Eldon Glass, Plaintiffs herein, were the contingent beneficiaries.
On May 8, 1967, Rebecca filed a claim, as primary beneficiary, for the policy proceeds. The claim as filed stated that Elliott's death was the result of homicide. On June 19, 1967, a grand jury returned an indictment against Rebecca for the murder of Elliott. Thereafter, on July 3, 1967, the V.A. was notified by the District Attorney's office that Rebecca had been charged with murder.
Notwithstanding the notification it had received that Rebecca had been indicted, the V.A., on February 7, 1968, after a thorough examination and investigation, concluded that Rebecca would not be brought to trial. Accordingly, the V.A. entered an administrative decision awarding Rebecca the policy proceeds. This action was taken without affording notice to the Plaintiffs, as contingent beneficiaries. Payment was tendered to Rebecca by the V.A. on February 21, 1968.
On June 17, 1968, Rebecca was found guilty of murder without malice of Elliott. On August 16, 1968, Carolyn and Kenneth made an informal claim upon the V.A. for the policy proceeds as contingent beneficiaries. A formal claim was filed pursuant to NSLI regulations on October 11, 1968. This claim...
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