LEAHY v. UNITED STATES

No. 4856.

15 F.2d 949 (1926)

LEAHY v. UNITED STATES et al.

Circuit Court of Appeals, Ninth Circuit.

November 22, 1926.


Attorney(s) appearing for the Case

D. M. Kelly, P. E. Geagan, and Sydney Sanner, all of Butte, Mont., for appellant.

George W. Farr, of Miles City, Mont., for appellee Akey.

Before GILBERT and RUDKIN, Circuit Judges, and NETERER, District Judge.


GILBERT, Circuit Judge (after stating the facts as above).

The court below found, and it may be regarded as established by the record, that no such letter to the Veterans' Bureau was received or recorded. The appellant asserts that she is entitled to the benefit of the presumption that a notice duly mailed by the insured was in ordinary course received by the bureau. In so contending, however, she assumes an unproven premise...

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