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Live Stock Nat. Bank of Chicago v. United States.

June 11, 1941

LIVE STOCK NAT. BANK OF CHICAGO ET AL.
v.
UNITED STATES.



Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division; Charles Edgar Woodward, Judge.

Author: Evans

Before EVANS, MAJOR, and KERNER, Circuit Judges.

EVANS, Circuit Judge.

This is the second appeal in this case, which involves a war risk insurance policy. The decision on the prior appeal appears in 7 Cir. 106 F.2d 240. The facts there stated make a lengthy recital of them unnecessary. The appellants are the soldier's named beneficiary, Mary Benchick Kostecka, allegedly his common law wife, and the administrator of his estate.

The order appealed from denied appellants any recovery and declared an escheat of the proceeds of the policy to the United States.

Stated chronologically, the facts are:

May 27, 1918 Insured died in the army.

May 26, 1926 The date on which appellant, Mary Benchick Kostecka, filed

filed her claim with the Veterans' Bureau.

July 30, 1926 Letter denying Mrs. Kostecka's claim.

June 3, 1931 Stockyards Bank filed claim as guardian of Insured's

daughter.

August 13, 1931 Denial of claim.

December 20, 1932 Ohio judgment acknowledging status of ...


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