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McCORMACK v. UNITED STATES

No. 258.

66 F.2d 519 (1933)

McCORMACK v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 25, 1933.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Nelson D. Spiro, of New York City (Lawrence E. Goldman, of Kansas City, Mo., of counsel), for plaintiff-appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This action was brought under the provisions of section 19 of the World War Veterans' Act of 1924, as amended (38 U. S. C. § 445 [38 USCA § 445]). Edward A. McCormack was a soldier in the World War, who enlisted in the army on July 16, 1917, and became a private in Company C, 165th U. S. Infantry. He was killed in action overseas on October 15, 1918.

According to the records of the War Department, he was absent from...

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