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STRAW v. UNITED STATES

No. 6772.

62 F.2d 757 (1933)

STRAW v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 9, 1933.

Attorney(s) appearing for the Case

David Spaulding, of West Los Angeles, Cal., for appellant.

Samuel W. McNabb, U. S. Atty., and Clyde Thomas, Asst. U. S. Atty., both of Los Angeles, Cal.

Before SAWTELLE, Circuit Judge, and NETERER and ST. SURE, District Judges.

ST. SURE, District Judge.

Appeal from a judgment in a suit upon a policy of war risk insurance.

Plaintiff filed his complaint on June 20, 1929, an amended complaint on August 21, 1931, and a second amended complaint on September 10, 1931. The first cause of action of the amended complaint was identical with that stated in the original complaint. Both contained the usual averments, including disagreement, in war risk insurance cases, and both alleged that plaintiff...

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