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UNITED STATES v. McPHEE

No. 5635.

31 F.2d 243 (1929)

UNITED STATES v. McPHEE.

Circuit Court of Appeals, Ninth Circuit.

March 11, 1929.

Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., and Tom De Wolfe, Asst. U. S. Atty., both of Seattle, Wash. (Wm. Wolff Smith, Gen. Counsel, U. S. Veterans' Bureau, and C. L. Dawson, Atty., U. S. Veterans' Bureau, both of Washington, D. C., and Lester E. Pope, Regional Atty., U. S. Veterans' Bureau, of Seattle, Wash., of counsel), for the United States.

W. G. Beardslee, of Seattle, Wash., and Alvin Gerlack, of San Francisco, Cal., for appellee.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

BEAN, District Judge.

This is an appeal from a judgment in favor of the appellee in an action on a war risk insurance policy. The appellee moved this court for an order requiring the court below to send up its instructions to the jury. The instructions of a trial court are not a part of the record unless made so by bill of exceptions. That was not done in this case. This court has therefore no authority to make the order requested. Bennett v. Riverland Co. (C. C....

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