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LUCAS v. UNITED STATES

No. 7731.

80 F.2d 372 (1935)

LUCAS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 4, 1935.

Attorney(s) appearing for the Case

Leonard Brown, of San Antonio, Tex., and J. Cleo Thompson, of Dallas, Tex., for appellant.

W. R. Smith, Jr., U. S. Atty., and Ben F. Foster, Henry W. Moursund, and James F. Jackson, Asst. U. S. Attys., all of San Antonio, Tex.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The appeal is from a conviction for receiving and retaining a fee as an attorney at law in a war risk insurance suit greater than the 10 per cent. awarded in the judgment. The sole error assigned is the overruling of a demurrer to the indictment, the grounds of which were that the penal provisions of section 500 of the World War Veterans' Act (38 U.S.C.A. § 551), on which the indictment rested, were repealed by section 17 of the Act of...

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