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UNITED STATES v. FRY

No. 3630.

71 F.2d 423 (1934)

UNITED STATES v. FRY.

Circuit Court of Appeals, Fourth Circuit.

June 11, 1934.

Attorney(s) appearing for the Case

Thomas E. Walsh, of Washington, D. C., Atty., Department of Justice, and George I. Neal, U. S. Atty., of Huntington, W. Va. (Okey P. Keadle, Asst. U. S. Atty., of Huntington, W. Va., and Will G. Beardslee, of Washington, D. C., Director, Bureau of War Risk Litigation, on the brief), for the United States.

Samuel Biern, of Huntington, W. Va., for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and WEBB, District Judge.

PER CURIAM.

This is an appeal in a war risk insurance case. Plaintiff was gassed in battle and was discharged from the army suffering from what was then diagnosed as chronic bronchitis caused by the gas. He has developed tuberculosis; and the symptoms to which he testified, taken in connection with the evidence of physicians who testified in his behalf, would justify the conclusion that the bronchitis with which he has been suffering since his discharge from the army...

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