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BURBAGE v. UNITED STATES

No. 7875.

80 F.2d 683 (1935)

BURBAGE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 10, 1935.

Attorney(s) appearing for the Case

Clint W. Hager, C. N. Davie, and J. F. Kemp, all of Atlanta, Ga., for appellant.

Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to the Atty. Gen., and Lawrence S. Camp, U. S. Atty., A. Sidney Camp, Asst. U. S. Atty., and Slaton Clemmons, Sp. Atty., Bureau War Risk Litigation, all of Atlanta, Ga., for the United States.

Before SIBLEY and WALKER, Circuit Judges, and HOLMES, District Judge.

HOLMES, District Judge.

The appellant enlisted in the army of the United States on October 10, 1917, and was discharged on May 19, 1919. While in the service he obtained two policies of war risk term insurance aggregating $5,000 in amount, and paid only enough premiums to keep it in force until July 1, 1919. It was stipulated in the court below that the sole question for decision was whether the plaintiff was totally and permanently disabled on or before July 1, 1919...

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