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UNITED STATES v. RUCKER

No. 5402.

80 F.2d 369 (1935)

UNITED STATES v. RUCKER et al.

Circuit Court of Appeals, Seventh Circuit.

November 26, 1935.

Attorney(s) appearing for the Case

Arthur Roe, U. S. Atty., of Danville, Ill., Walter E. Ackermann, Asst. U. S. Atty., of Belleville, Ill., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Armistead L. Boothe, Atty., Department of Justice, and T. E. Walsh, both of Washington, D. C., for the United States.

Charles W. Fleming and W. T. Henderson, both of Danville, Ill., for appellees.

Before EVANS and ALSCHULER, Circuit Judges, and BALTZELL, District Judge.

BALTZELL, District Judge.

Appellees, under date of May 11, 1932, filed a declaration in the District Court, wherein they seek to recover under a war risk contract of insurance. By stipulation a jury was waived and the cause tried by the court. A finding and judgment for appellees was rendered on June 9, 1934. The court found that the insured, Robert Verne Rucker, was totally and permanently disabled on or before the 31st day of March, 1919, at which time his insurance...

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