UNITED STATES v. MARTIN

No. 1288.

80 F.2d 460 (1935)

UNITED STATES v. MARTIN.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 8, 1936.


Attorney(s) appearing for the Case

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Will G. Beardslee, Director, Bureau of War Risk Litigation, Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C., and Summerfield S. Alexander, U. S. Atty., and R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for the United States.

J. W. Dalton, of Sedan, Kan., for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


McDERMOTT, Circuit Judge.

Appellee, as administrator of Carl Martin's estate and as beneficiary in his war risk insurance policy, brought this action to recover, in the first capacity, installments alleged to have matured at the date of his death on July 29, 1921, by reason of his total permanent disability from December 24, 1918, and in the second capacity, for installments maturing after his death. The amended petition alleged a demand "for the insurance benefits...

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