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UNITED STATES v. PRIMILTON

No. 7383.

76 F.2d 555 (1935)

UNITED STATES v. PRIMILTON et al.

Circuit Court of Appeals, Fifth Circuit.

March 7, 1935.

Attorney(s) appearing for the Case

Philip H. Mecom, U. S. Atty., and J. Fair Hardin, Asst. U. S. Atty., both of Shreveport, La., for the United States.

W. P. Prentiss, of Shreveport, La., for appellees.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.

HUTCHESON, Circuit Judges.

Appellees are the lawful and the putative wife of Jewell Primilton, who died September 8, 1921, of pulmonary tuberculosis. They brought this suit on June 8, 1932, to recover on his war risk policy. Defendant's motion to dismiss for want of a disagreement having been overruled, a jury was waived and appellees had judgment. This appeal from that judgment assigns two errors. The court's action in overruling its motion to dismiss for want of...

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