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UNITED STATES v. SHASHY

No. 7523.

75 F.2d 422 (1935)

UNITED STATES v. SHASHY.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 15, 1935.

Attorney(s) appearing for the Case

Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., and John W. Holland, U. S. Atty., and Wm. A. Paisley, Asst. U. S. Atty., both of Jacksonville, Fla., for the United States.

Wm. Joe Sears, Jr., and Dana Brown, both of Jacksonville, Fla., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This was an action, brought in September, 1931, on an insurance policy, payable in the event of appellee's death or his total permanent disability, issued to the appellee by the appellant on July 1, 1927, upon the appellee's surrender of a war risk insurance certificate issued to him while he was in the Army during the World War. Appellee's petition alleged: "That while said insurance was in full force and effect and on or about the 1st day...

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