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UNITED STATES v. CARLSON

No. 6186.

44 F.2d 5 (1930)

UNITED STATES v. CARLSON.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 1, 1930.

Attorney(s) appearing for the Case

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

George E. Flood and George E. Mathieu, both of Seattle, Wash., for appellee.

Before DIETRICH and WILBUR, Circuit Judges, and WEBSTER, District Judge.

WEBSTER, District Judge.

The appellee, plaintiff below, brought action to recover so-called "automatic" insurance under the War Risk Insurance Act (40 Stat. 398). From a verdict and judgment in his favor the government has appealed. In his complaint the plaintiff alleges, in substance: That on or about June 24, 1916, he enlisted in the National Guard of the State of Washington, and remained continuously therein until that organization was called into the service of...

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