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UNITED STATES v. ALGER

No. 7217.

68 F.2d 592 (1934)

UNITED STATES v. ALGER.

Circuit Court of Appeals, Ninth Circuit.

January 24, 1934.

Attorney(s) appearing for the Case

John A. Carver, U. S. Atty., E. H. Casterlin and Frank Griffin, Asst. U. S. Attys., and R. L. Slaughter, Atty., U. S. Department of Justice, all of Boise, Idaho, and R. L. MacCutcheon, Atty., U. S. Department of Justice, of Washington, D. C., and Wilbur C. Pickett, Sp. Asst. to Atty. Gen., for the United States.

Harry Benoit, of Twin Falls, Idaho, and Hawley & Worthwine, Jess Hawley, and Oscar W. Worthwine, all of Boise, Idaho, for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

GARRECHT, Circuit Judge.

While participating in a raid upon an enemy machine gun on October 6, 1918, during the World War, plaintiff was struck from the side by a bullet which tore across his back from the right to a point about two inches to the left of his backbone, ripping through the long back muscle, and taking away a piece of the muscle and part of the bone. He fell, upon being hit, and after a moment dragged himself to a shell hole and shortly thereafter crawled...

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