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UNITED STATES v. DOUGHERTY

No. 4558.

54 F.2d 721 (1931)

UNITED STATES v. DOUGHERTY.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 11, 1932.

Attorney(s) appearing for the Case

Harold G. Baker, U. S. Atty., of East St. Louis, Ill., John W. Speakman, Asst. U. S. Atty., of Danville, Ill., and William Wolff Smith, Sp. Counsel, Veterans' Administration, and Bayless L. Guffy, all of Washington, D. C., and Bryan Purteet, of St. Louis, Mo., for appellant.

Samuel V. Jinkins, of Danville, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge (after stating the facts as above).

Under section 400 of the War Risk Insurance Act, 40 Stat. 409, and section 402 as amended by § 21, 40 Stat. 615, the insurance shall be payable only at death or during any total and permanent disability to the injured person which existed at or before the expiration of an insurance contract.

Under section 13 of the act, 40 Stat. 398, 399, the director, subject to the general direction of the Secretary...

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