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UNITED STATES v. MONGER

No. 937.

70 F.2d 361 (1934)

UNITED STATES v. MONGER.

Circuit Court of Appeals, Tenth Circuit.

April 10, 1934.

Attorney(s) appearing for the Case

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Will G. Beardslee, Sp. Asst. to Atty. Gen., Wilbur C. Pickett, Atty., Department of Justice, of Washington, D. C., Carl L. Sackett, U. S. Atty., and Ewing T. Kerr, Asst. U. S. Atty. both of Cheyenne, Wyo., and S. B. Garrett, Chief Atty., Veterans' Administration, of Casper, Wyo., on the brief), for the United States.

W. J. Wehrli, of Casper, Wyo. (G. R. Hagens, of Casper, Wyo., on the brief), for appellee.

Before LEWIS and BRATTON, Circuit Judges, and VAUGHT, District Judge.

VAUGHT, District Judge.

The parties to this action will be referred to as they appeared below. The plaintiff brought this action alleging that the insured, her former husband, at the time he was discharged from the Army and while his policy of war risk insurance was in force and effect, was totally and permanently disabled because of active pulmonary tuberculosis, from which disease he died on August 4, 1924. The defendant denied liability. The case was tried to a...

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