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UNITED STATES v. BARKER

No. 7146.

70 F.2d 1002 (1934)

UNITED STATES v. BARKER.

Circuit Court of Appeals, Fifth Circuit.

May 22, 1934.

Attorney(s) appearing for the Case

Alex C. Birch, U. S. Atty., and J. E. Meredith, Asst. U. S. Atty., both of Mobile, Ala., Randolph C. Shaw, Sp. Asst. to Atty. Gen., and Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C., for the United States.

S. F. Hobbs, of Selma, Ala., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

This appeal concerns the payment of a liability on a policy of war risk insurance. The facts are agreed on. The soldier, Lewis Walters, was in 1914 lawfully married in Alabama to Maggie Tubb. On July 21, 1918, he married Arkansas Hogan in New York, Maggie being still in life and undivorced. Ten days later he enlisted in the army and took out war risk insurance, stating in his application that Arkansas was his wife and designating her as beneficiary...

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