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PERSONIUS v. UNITED STATES

No. 6891.

65 F.2d 646 (1933)

PERSONIUS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 5, 1933.

Attorney(s) appearing for the Case

Hawley & Worthwine, Jess Hawley, and Oscar W. Worthwine, all of Boise, Idaho, for appellant.

H. E. Ray, U. S. Atty., and Ralph R. Breshears, W. H. Langroise, and Sam S. Griffin, Asst. U. S. Attys., all of Boise, Idaho.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

SAWTELLE, Circuit Judge.

The sole point involved in this appeal is whether or not the lower court erred in sustaining a general and special demurrer to the complaint.

This, in turn, involves the single question as to whether or not a veteran can recover under war risk insurance certificates if his complaint alleges that "he was totally and permanently disabled from October 31, 1918, until January 1, 1929"; but fails to allege that he was totally and permanently...

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