UNITED STATES v. JONES

No. 1247.

78 F.2d 1005 (1935)

UNITED STATES v. JONES.

Circuit Court of Appeals, Tenth Circuit.

August 26, 1935.


Attorney(s) appearing for the Case

Daniel Dillon, of Oklahoma City, Okl. (Will G. Beardslee, Director, Bureau of War Risk Litigation, and Keith L. Seegmiller, Atty., Department of Justice, both of Washington, D. C., and Clarence E. Bailey, U. S. Atty., of Tulsa, Okl., on the brief), for appellant.

Kelly Brown, of Muskogee, Okl., and Glenn O. Young, of Sapulpa, Okl., for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

This is a suit to recover upon a war risk insurance contract. Trial by jury was waived and the cause was submitted to the court. The material facts were found in favor of plaintiff and judgment followed.

A motion was lodged in this court to strike the bill of exceptions and it must be sustained because the bill was admittedly settled after the expiration of the term at which the judgment was entered and there concededly was neither...

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