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UNITED STATES v. McCREARY

No. 6811.

61 F.2d 804 (1932)

UNITED STATES v. McCREARY.

Circuit Court of Appeals, Ninth Circuit.

November 14, 1932.

Attorney(s) appearing for the Case

George Neuner, U. S. Atty., and Chas. W. Erskine, Asst. U. S. Atty., both of Portland, Or., and W. C. Pickett, Atty., Veterans' Administration, of Washington, D. C., for the United States.

C. G. Schneider and Allan A. Bynon, both of Portland, Or., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.

NETERER, District Judge.

Appellant claims error on denying a motion for directed verdict for insufficiency of evidence. It is admitted that a war risk insurance policy was issued to plaintiff while in service, and was in force at discharge.

The plaintiff testified, in substance, that while in service he was under "shell fire." "We went in a dug-in in a hill and we dug into what was called `Dead Man's Hill.' * * * We were there only four hours. Shells exploded...

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