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WILLS v. UNITED STATES

No. 367.

7 F.2d 137 (1925)

WILLS v. UNITED STATES.

District Court, D. Montana.

August 6, 1925.

Attorney(s) appearing for the Case

Loy J. Molumby, of Great Falls, Mont., John W. Mahan, of Helena, Mont., and George W. Howard, of Butte, Mont., for plaintiff.

John L. Slattery, U. S. Atty., and W. H. Meigs, Asst. U. S. Atty., both of Helena, Mont.

BOURQUIN, District Judge.

In this action, commenced May 30, 1923, to recover upon a war risk insurance policy in amount $10,000, plaintiff alleges the contingency upon which payment depends, viz. his "total permanent disability," had happened upon his discharge from service and yet endures, by reason of epilepsy and tuberculosis. The answer is of denials.

From the evidence it appears that plaintiff, for some years employed...

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