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FOOTE v. UNITED STATES

No. 7579.

80 F.2d 48 (1935)

FOOTE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1935.

Attorney(s) appearing for the Case

E. Kontz Bennett, of Waycross, Ga., and S. F. Memory, of Blackshear, Ga., for appellant.

Thomas E. Walsh, W. Clifton Stone, and Helen L. Bowman, Attys., Department of Justice, all of Washington, D. C., Dunbar Harrison, Asst. U. S. Atty., of Savannah, Ga., and Lawton H. Ware, Atty., Veterans Administration Facility, of Atlanta, Ga., for the United States.

Before SIBLEY and WALKER, Circuit Judges, and HOLMES, District Judge.

WALKER, Circuit Judge.

On October 15, 1932, the appellant, the temporary administratrix of the estate of Murray K. Foote, deceased, brought this action on two war risk policies or certificates issued to the deceased, who died on August 14, 1930, never having asserted a claim under either of those policies, which lapsed on July 1, 1919. Allegations of the petition to the effect that the deceased became totally and permanently...

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