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UNITED STATES v. BARRY

No. 6313.

67 F.2d 763 (1933)

UNITED STATES v. BARRY et al.

Circuit Court of Appeals, Sixth Circuit.

December 11, 1933.

Attorney(s) appearing for the Case

Wilbur C. Pickett, of Washington, D. C. (William McClanahan, Joseph M. Bearman, and R. G. Draper, all of Memphis, Tenn., and Will G. Beardslee, of Washington, D. C., and W. B. Snow, of Charlotte, N. C., on the brief), for the United States.

Charles M. Bryan, of Memphis, Tenn. (De Witt T. Henderson, of Jackson, Tenn., W. F. Barry, Jr., of Nashville, Tenn., and S. J. Everett, of Jackson, Tenn., on the brief), for appellees.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The appellees as the beneficiaries sued on a policy of war risk insurance issued by the government on the life of John N. Barry, deceased. From judgment in their favor upon an agreed statement of facts the government appeals.

The deceased soldier had been almost continuously in the military service of the United States from 1908 to the date of his death, March 31, 1920. His last enlistment prior to the passage of the War Risk Insurance...

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