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McNALLY v. UNITED STATES

No. 9077.

52 F.2d 440 (1931)

McNALLY et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

September 11, 1931.

Attorney(s) appearing for the Case

Peter S. Rask, of Minneapolis, Minn., for appellants.

Joseph W. Finley, Asst. U. S. Atty., of St. Paul, Minn. (Lewis L. Drill, U. S. Atty., of St. Paul, Minn., and John H. Fraine, Regional Atty., U. S. Veterans' Bureau, of Minneapolis, Minn., on the brief), for appellee.

Before KENYON and BOOTH, Circuit Judges, and DEWEY, District Judge.

KENYON, Circuit Judge.

This is a war risk insurance case. Two actions were brought, one by Mary Ellen McNally beneficiary under the policy issued to Michael Joseph McNally, the other by Michael Peter McNally as administrator. The two were consolidated and tried as one case. Michael Joseph McNally entered the military service of the United States, June 6, 1918, and served until July 10, 1919. Then he was honorably discharged. He took out the usual government war risk...

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