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EIDAM v. UNITED STATES

No. 10063.

74 F.2d 350 (1934)

EIDAM et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 26, 1934.

Attorney(s) appearing for the Case

Howard Saxton, of Omaha, Neb., for appellants.

C. L. Dawson, Atty., Department of Justice, of Washington, D. C. (Charles E. Sandall, U. S. Atty., of Omaha, Neb., Frederick H. Wagener, Atty., Department of Justice, of Lincoln, Neb., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

WOODROUGH, Circuit Judge.

This is an appeal from a judgment sustaining a demurrer to and ordering the dismissal of the appellant's petition in an action upon a contract of war risk insurance. The demurrer was based on the ground, among others, that the petition failed to plead facts sufficient to show that a disagreement had been arrived at prior to suit through the denial of the claim by the Director of the Veterans' Bureau, or some one acting in his name, on an...

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