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UNITED STATES v. NEWCOMER

No. 10196.

78 F.2d 50 (1935)

UNITED STATES v. NEWCOMER.

Circuit Court of Appeals, Eighth Circuit.

July 5, 1935.

Attorney(s) appearing for the Case

Fendall Marbury, Sp. Asst. to the Atty. Gen. (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C., and Edwin G. Moon, U. S. Atty., of Des Moines, Iowa, on the brief), for the United States.

F. E. Northup, of Marshalltown, Iowa (W. D. Kearney, of Marshalltown, Iowa, on the brief), for appellee.

Before GARDNER, SANBORN, and FARIS, Circuit Judges.

GARDNER, Circuit Judge.

This is a war risk insurance case, in which the court denied appellant's motion for a directed verdict, and, on submission of the case, the jury returned a verdict in favor of appellee.

We shall refer to the parties as they were designated in the lower court.

The instructions are not embodied in the record, and we must assume that they correctly presented the issues for determination of the jury. The denial of the government...

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