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UNITED STATES v. BURKE

No. 6269.

50 F.2d 653 (1931)

UNITED STATES v. BURKE.

Circuit Court of Appeals, Ninth Circuit.

June 1, 1931.

Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., and Thomas E. De Wolfe, Asst. U. S. Atty., both of Seattle, Wash., and William Wolff Smith, Gen. Counsel, United States Veterans' Bureau, Bayless L. Guffy and Edward S. Ragsdale, Attys., United States Veterans' Bureau, all of Washington, D. C., and Lester E. Pope, Atty., United States Veterans Bureau, of Seattle, Wash.

Ralph A. Horr and Philip Tworoger, both of Seattle, Wash., for appellee.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

David A. Burke, appellee, hereinafter referred to as plaintiff, enlisted in the United States Army June 15, 1915, and was honorably discharged on the surgeon's certificate of discharge June 16, 1919. On February 1, 1918, he was granted while in the service a contract of war risk term insurance in the sum of $5,000, payable in monthly installments in the case of total and permanent disability. He claimed total and permanent disability from...

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