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HIRT v. UNITED STATES

No. 438.

56 F.2d 80 (1932)

HIRT v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

January 26, 1932.

Attorney(s) appearing for the Case

M. Ralph Brown, of Albuquerque, N. M., for appellant.

Richard A. Toomey, Insurance Atty., Veterans' Administration, of Denver, Colo. (Hugh B. Woodward, U. S. Atty., and Gilberto Espinosa, Asst. U. S. Atty., both of Albuquerque, N. M., William Wolff Smith, Gen. Counsel, U. S. Veterans' Bureau, and Bayless L. Guffy, Atty., U. S. Veterans' Bureau, both of Washington, D. C., and W. F. Cheek, Atty., U. S. Veterans' Bureau, of Albuquerque, N. M., on the brief), for the United States.

Before LEWIS and McDERMOTT, Circuit Judges, and SYMES, District Judge.

SYMES, District Judge.

Hirt brought this action against the United States to recover permanent disability benefits on a war risk insurance policy issued to him while a soldier in the World War. All the facts necessary to a recovery are stipulated, except the alleged total and permanent disability. He was discharged from the Army on April 20, 1919. His premiums were paid up to and including April, 1919, and it is conceded that he has been totally and permanently disabled...

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