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UNITED STATES v. AUER

No. 4606.

51 F.2d 921 (1931)

UNITED STATES v. AUER.

Circuit Court of Appeals, Third Circuit.

August 18, 1931.

Attorney(s) appearing for the Case

Louis E. Graham, U. S. Atty., and Wm. J. Aiken, Asst. U. S. Atty., both of Pittsburgh, Pa. (William Wolff Smith, and Bayless L. Guffy, both of Washington, D. C., and Vincent Baldouf, of Pittsburgh, Pa., of counsel), for the United States.

Wm. Kaufman, of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This action was begun in the District Court for the Western district of Pennsylvania to recover on a contract of war risk term insurance granted to William Flood, now deceased, while in the military service of the United States during the late war. The case was tried to the court and jury, and the verdict was for the plaintiff. Judgment was accordingly entered, and thereupon the United States appealed to this court.

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