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McLAUGHLIN v. UNITED STATES

No. 1089.

74 F.2d 506 (1934)

McLAUGHLIN v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 12, 1934.

Attorney(s) appearing for the Case

M. A. Cox, of Chandler, Okl. (Roscoe Cox, of Chandler, Okl., on the brief), for appellant.

Young M. Smith, Atty., Department of Justice, of Washington, D. C. (Wm. C. Lewis, U. S. Atty., and Wade H. Loofbourrow, Asst. U. S. Atty., both of Oklahoma City, Okl., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett, Sp. Asst. to Atty. Gen., on the brief), for the United States.

Before LEWIS and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.

PHILLIPS, Circuit Judge.

This is an action on a policy of war risk insurance. A jury trial was waived and the cause tried to the court. At the conclusion of the trial the court dismissed the action on the ground that no disagreement existed, and that it was without jurisdiction.

The only question presented here is whether there was a disagreement.

The claim for insurance benefits was filed on March 25, 1930, and denied on April 10, 1930, by a regional...

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