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NICHOLS v. UNITED STATES

No. 7227.

68 F.2d 597 (1934)

NICHOLS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 24, 1934.

Attorney(s) appearing for the Case

Clarence L. Hillman, of Rexburg, Idaho, and Hawley & Worthwine, Oscar W. Worthwine, and Jess Hawley, all of Boise, Idaho, for appellant.

John A. Carver, U. S. Atty., and 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 Wilbur C. Pickett, Sp. Asst. to Atty. Gen.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

GARRECHT, Circuit Judge.

Plaintiff, the insured under a war risk insurance contract in the sum of $10,000, was wounded in action on November 10, 1918. A piece of high explosive shell struck him below the left eye and penetrated upward and backward, embedding itself in the left eye-ball. Another piece of shell struck him in the left leg. First aid treatment was administered, he was hospitalized, returned to the United States, and honorably discharged. As a result of...

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