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UNITED STATES v. FRANCIS

No. 7010.

64 F.2d 865 (1933)

UNITED STATES v. FRANCIS.

Circuit Court of Appeals, Ninth Circuit.

April 24, 1933.

Attorney(s) appearing for the Case

Wellington D. Rankin, U. S. Atty., and D. L. Egnew and Sam D. Goza, Jr., Asst. U. S. Attys., and D. D. Evans, Chief Atty., U. S. Veterans' Administration, all of Helena, Mont.

Philip Savaresy and George S. Smith, both of Billings, Mont., for appellee.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

WILBUR, Circuit Judge.

Carl R. Francis brought this action to recover upon a war risk insurance policy which lapsed May 1, 1919, upon the ground that before the policy lapsed he had become permanently and totally disabled. He was wounded in battle on May 10, 1918, by a piece of shrapnel which entered the front of his body and was removed from his back on August 10, 1918. During the interim he was in various military hospitals and subjected to numerous operations;...

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