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ANDERSON v. UNITED STATES

No. 5878.

36 F.2d 45 (1929)

ANDERSON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 18, 1929.

Attorney(s) appearing for the Case

John W. Mahan and C. E. Pew, both of Helena, Mont., Phil Savaresy, of Billings, Mont., D. G. Stivers, of Butte, Mont., and Dan T. Malloy, of San Francisco, Cal., for appellant.

Wellington D. Rankin, U. S. Atty., and Howard A. Johnson and Arthur P. Acher, Asst. U. S. Attys., all of Helena, Mont., and D. D. Evans, Regional Atty., U. S. Veterans' Bureau, of Ft. Harrison, Mont., for the United States.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

Appellant brought this action to recover upon a $10,000 war risk insurance policy for which he made application on February 8, 1918, while he was in the military service. From a judgment of dismissal, entered pursuant to a directed verdict, he appeals.

By his complaint he shows that he enlisted and was inducted into the army on March 31, 1917, and continued in the service until April 19, 1918...

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