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HUNT v. UNITED STATES

No. 475.

53 F.2d 333 (1931)

HUNT v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 2, 1931.

Attorney(s) appearing for the Case

Sherman A. Sutliff and Kenaz Huffman, both of Denver, Colo. (Frank E. Gove and Luke J. Kavanaugh, both of Denver, Colo., on the brief), for appellant.

Richard A. Toomey, Atty., Veterans' Administration, of Denver, Colo. (Ralph L. Carr, U. S. Atty., and John G. Reid, Asst. U. S. Atty., both of Denver, Colo., and Wm. W. Smith, Sp. Counsel, Veterans' Administration, and Bayless L. Guffy, Atty., Veterans' Administration, both of Washington, D. C., on the brief), for the United States.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

PHILLIPS, Circuit Judge.

This is an action to recover on a policy of war risk insurance. Upon the trial there was a verdict for plaintiff. Whereupon defendant filed a motion for a new trial. The court sustained such motion, and entered an order setting aside the verdict and granting defendant a new trial. Plaintiff has undertaken to appeal from such order. The cause now stands in the District Court with the issues undisposed of, as if it had never been tried.

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