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UNITED STATES v. SLIGH

No. 5260.

24 F.2d 636 (1928)

UNITED STATES v. SLIGH.

Circuit Court of Appeals, Ninth Circuit.

March 5, 1928.

Attorney(s) appearing for the Case

John B. Wright, U. S. Atty., of Tucson, Ariz., and George R. Hill and G. Guy Axline, Asst. U. S. Attys., both of Phœnix, Ariz., and William Wolff Smith, C. L. Dawson, and Randolph C. Shaw, all of Washington, D. C., for the United States.

F. C. Struckmeyer, I. A. Jennings, and C. L. Strouss, all of Phœnix, Ariz., for defendant in error.

Loy J. Molumby, of Great Falls, Mont., W. G. Beardslee, of Seattle, Wash., and Alvin Gerlack, of San Francisco, Cal., amici curiæ.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This was an action on a war risk insurance policy in the sum of $10,000, payable in case of death or total permanent disability, in monthly installments of $57.50 each. The monthly installments accruing on and after April 26, 1920, have already been paid, so that the recovery here sought is for the monthly installments accruing between December 4, 1918, the date of alleged total permanent disability, and April 26, 1920. One of the defenses interposed...

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