EGAN v. UNITED STATES

No. 5556.

80 F.2d 404 (1935)

EGAN v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 28, 1935.


Attorney(s) appearing for the Case

Edward H. S. Martin, of Chicago, Ill., for appellant.

M. L. Igoe, U. S. Atty., of Chicago, Ill., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to Atty. Gen., for the United States.

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


SPARKS, Circuit Judge.

This is an appeal from an order of the District Court dismissing a suit, brought by appellant's decedent on his policy of war risk insurance, for want of jurisdiction. It was stipulated in the court below that the cause should be submitted to the court for trial on the issue as to jurisdiction only, and if the decision on that issue should sustain the jurisdiction, then the cause should be tried on the merits at a later date.

The Government...

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