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ROBERTS v. UNITED STATES

No. 537.

57 F.2d 514 (1932)

ROBERTS v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 31, 1932.

Attorney(s) appearing for the Case

S. R. Owens, of Denver, Colo., for appellant.

Richard A. Toomey, Atty. for Veterans' Administration, and John G. Reid, Asst. U. S. Atty., both of Denver, Colo. (Ralph L. Carr, U. S. Atty., of Denver, Colo., and William Wolff Smith, Sp. Counsel, Veterans' Administration, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

George A. Roberts brought this suit to recover upon a war risk insurance policy. After the trial and prior to the perfection of the appeal Roberts died, and the present plaintiff was substituted in her capacity as administratrix of his estate. Upon the trial at the close of the plaintiff's case, the court upon motion of defendant's counsel directed a verdict in favor of the defendant, upon which action of the trial court the appeal in this...

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