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UNITED STATES v. RUSSIAN

No. 5314.

73 F.2d 363 (1934)

UNITED STATES v. RUSSIAN.

Circuit Court of Appeals, Third Circuit.

October 4, 1934.

Attorney(s) appearing for the Case

Frank J. McDonnell, U. S. Atty., of Scranton, Pa., Herman F. Reich, Asst. U. S. Atty., of Sunbury, Pa., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Young M. Smith, of Washington, D. C., Atty., Department of Justice.

R. L. Levy and George W. Ellis, both of Scranton, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

John Russian, a private in the United States Army, applied for and in February 1918 received a policy of war risk insurance covering death and total permanent disability occurring during the life of the policy. In December 1918 he was honorably discharged on a surgeon's certificate of disability disclosing chronic pulmonary tuberculosis involving the upper lobes of both lungs. At that time he was rated by the Veterans' Bureau as being temporarily...

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