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UNITED STATES v. PAYNE

No. 7149.

73 F.2d 900 (1934)

UNITED STATES v. PAYNE.

Circuit Court of Appeals, Ninth Circuit.

November 26, 1934.

Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., De Witt C. Rowland, Asst. U. S. Atty., and Lester E. Pope, Chief Atty., U. S. Veterans' Administration, all of Seattle, Wash., for the United States.

Wettrick, Wettrick & Flood and George R. Stuntz, all of Seattle, Wash., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NORCROSS, District Judge.

WILBUR, Circuit Judge.

In this action, on motion of appellee, the bill of exceptions was stricken out. U. S. v. Payne (C. C. A.) 72 F.2d 593. In the order striking out the bill of exceptions we called the attention of the parties to the fact that the only question remaining was the sufficiency of the complaint to state a cause of action and called for briefs on that point. The question had not been raised by the parties.

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