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UNITED STATES v. HOWARD

No. 7195.

73 F.2d 980 (1934)

UNITED STATES v. HOWARD.

Circuit Court of Appeals, Fifth Circuit.

December 12, 1934.

Attorney(s) appearing for the Case

Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and David A. Turner, Atty., Department of Justice, of San Antonio, Tex., for the United States.

Clyde Vinson, of San Angelo, Tex., and Mark Callaway, of Brownwood, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

FOSTER, Circuit Judge.

Appellee obtained judgment in the District Court for the Northern District of Texas on a certificate of war risk insurance and the government appealed. Appellee has moved to dismiss the appeal on the ground that the transcript was not filed in this court within the delay allowed by our rules.

It appears from the record that the judgment was entered on April 28, 1933. The appeal was allowed on June 24, 1933, and citation was signed and...

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