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UNITED STATES v. McIVER

No. 3848.

77 F.2d 208 (1935)

UNITED STATES v. McIVER et al.

Circuit Court of Appeals, Fourth Circuit.

Decided April 22, 1935.

Attorney(s) appearing for the Case

Randolph C. Shaw, Sp. Asst. to the Atty. Gen. (James O. Carr, U. S. Atty., of Wilmington, N. C., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., on the brief), for the United States.

Emmett H. Bellamy, of Wilmington, N. C. (John D. Bellamy, of Wilmington, N. C., on the brief), for appellees.

Before NORTHCOTT and SOPER, Circuit Judges, and CHESNUT, District Judge.

PER CURIAM.

The appellee, hereinafter referred to as the plaintiff, brought this action as administratrix of Wharton McIver and in her own right as beneficiary, for total disability benefits, on a policy of yearly renewable term insurance issued by the United States, the appellant, hereinafter referred to as the defendant.

The complaint was filed in the District Court of the United States for the Eastern District of North Carolina in November, 1932. A trial...

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