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OSBORN v. UNITED STATES

No. 3145.

50 F.2d 712 (1931)

OSBORN v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 17, 1931.

Attorney(s) appearing for the Case

H. Woodward Winburn, of Greensboro, N. C. (R. H. McNeill, of Washington, D. C., J. F. Jordan, of Wilkesboro, N. C., and W. E. Miller, on the brief), for appellant.

E. L. Gavin, U. S. Atty., of Greensboro, N. C. (Arthur E. Tilley, Asst. U. S. Atty., of Mt. Airy, N. C., Hobart Morton, Asst. U. S. Atty., of Albemarle, N. C., T. C. Carter, Asst. U. S. Atty., of Burlington, N. C., and William Wolff Smith, Gen. Counsel, U. S. Veterans' Bureau, and B. L. Guffy, Atty., U. S. Veterans' Bureau, both of Washington, D. C., on the brief), for appellee.

Before PARKER, Circuit Judge, and McCLINTIC and COCHRAN, District Judges.

ERNEST F. COCHRAN, District Judge.

The appellant brought an action against the United States on a contract of war risk term insurance. A trial in the District Court resulted in a judgment in favor of the United States, and he has appealed. During the course of the argument in this court, it appeared from an examination of the record that what purports to be the bill of exceptions has not been signed by the trial judge. It appears to have been merely filed, in reliance...

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