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FOUTS v. UNITED STATES

No. 7068.

67 F.2d 249 (1933)

FOUTS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 25, 1933.

Attorney(s) appearing for the Case

Paul T. Chance, of Augusta, Ga., for appellant.

Chas. L. Redding, U. S. Atty., of Savannah, Ga., Lawton H. Ware, Veterans' Administration, of Atlanta, Ga., and Randolph Shaw, Sp. Asst. to Atty. Gen.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

Allie Rae Fouts, as executrix of John Franklin Bell, sued upon a policy of war risk insurance, alleging that the United States, acting through the Veterans' Bureau, had rejected her claim, and that a disagreement thus arose. A special plea was filed that no appeal had been taken to the Director of the Veterans' Bureau and no denial of the claim had been made by him or any one acting in his name. On a trial of the plea a verdict was directed...

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