Kell v. United States, 14236.
Citation | 202 F.2d 143 |
Decision Date | 25 February 1953 |
Docket Number | No. 14236.,14236. |
Parties | KELL v. UNITED STATES et al. |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
J. Norman Coon, Monroe, La., W. T. McCain, Colfax, La., for appellant.
Lamar Polk, Alexandria, La., Wm. J. Fleniken, U. S. Atty. and Leland H. Coltharp, Jr., Asst. U. S. Atty., Shreveport, La., Polk & Culpepper, Alexandria, La., for appellees.
Before HUTCHESON, Chief Judge, and STRUM and RIVES, Circuit Judges.
This is another of the many cases1 brought to recover on National Life Insurance policies, in which, lacking direct proof of change of beneficiary as required by the statute2 and regulations,3 the claimant relies on circumstantial evidence in support of her claim. While the results in each of the cases have varied with the evidence offered in each and the effect given to that evidence by the trial judge, the governing principles applied in each have not varied. As laid down by us in Mitchell v. U. S., 5 Cir., 165 F.2d at page 760, these are:
The district judge, after a full trial, denied plaintiff's claim, and in a well thought out and carefully worded opinion,4 fully and accurately setting down and giving effect to the substantial facts of this case, gave his reasons for doing so.
We agree with his summary of the facts, his careful analysis of the decisions, and his conclusion that, under the statute and regulations, the plaintiff's proof was insufficient to establish a change of beneficiary under any of our cases, including the Gann case on which appellant so strongly relies. So agreeing, we affirm his...
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Baker v. United States, 24000.
...toward implementing the intent must be firmly maintained. In Kell v. United States, 104 F.Supp. 699, 703 (W.D.La.1952), aff'd 202 F.2d 143 (5th Cir. 1953), the trial court made these observations, perhaps for us then and in the "The only safe procedure for the Court is not to lose itself in......
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Stone v. United States
...38 U.S.C.A. § 784(a-h). 1 Ferguson v. Knight, 5 Cir., 1959, 264 F.2d 176; O'Brien v. Elder, 5 Cir., 1957, 250 F.2d 275; Kell v. United States, 5 Cir., 1953, 202 F.2d 143; Watson v. United States, 5 Cir., 1950, 185 F.2d 292; Bowens v. United States, 5 Cir., 1950, 184 F.2d 730; Butler v. Butl......
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Sears v. Austin
...and descendants of deceased children by representations; * * *". 3 142 F.Supp. at page 322. 4 To the same effect see Kell v. United States, 5 Cir., 1953, 202 F.2d 143, "The cases are unanimous that in war-risk insurance cases involving change of beneficiary the courts will brush aside all l......
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Taylor v. United States, 16535.
...v. United States, 5 Cir., 185 F.2d 292; Hester v. Hester, 5 Cir., 171 F.2d 477; Kell v. United States, D.C., 104 F.Supp. 699, affirmed 5 Cir., 202 F.2d 143. ...