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UNITED STATES v. WALKER

No. 7515.

77 F.2d 415 (1935)

UNITED STATES v. WALKER.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 18, 1935.

Attorney(s) appearing for the Case

J. Gregory Bruce, Atty., Department of Justice, and Will G. Beardslee, Director, Bureau of War Risk Litigation, Department of Justice, both of Washington, D. C., and Philip H. Mecom, U. S. Atty., of Shreveport, La., for the United States.

Thos. W. Leigh and B. D. Allbritton, both of Monroe, La., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This was an action, begun June 6, 1932, on a war risk insurance certificate or policy which lapsed on May 31, 1919. Appellee's petition alleged that "at and prior to the date of his discharge from the military service on or about April 23, 1919, he was suffering from active pulmonary tuberculosis, bronchial asthma, chronic bronchitis, chronic tonsillitis, and pleurisy, and that at and prior to the time of his said discharge and continuously...

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