LINDLEY, District Judge.
Plaintiff brings this suit to recover upon a war-risk insurance certificate issued to one Ivory Bush, deceased. Defendant moves to dismiss the petition because of the alleged legal insufficiency thereof.
The following material facts are set up in the petition: Ivory Bush, while in the service of the United States Army and while the said insurance certificate was in full force and effect, died intestate on or about October 10, 1918...
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