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UNITED STATES v. SMITH

No. 3743.

76 F.2d 850 (1935)

UNITED STATES v. SMITH.

Circuit Court of Appeals, Fourth Circuit.

April 12, 1935.

Attorney(s) appearing for the Case

Joseph H. Chitwood, U. S. Atty., of Roanoke, Va., and Randolph C. Shaw, Sp. Asst. to Atty. Gen. (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

J. P. Buchanan and Ralph L. Lincoln, both of Marion, Va. (W. V. Birchfield, of Marion, Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PER CURIAM.

The appellee, hereinafter referred to as the plaintiff, brought this action in the District Court of the United States for the Western District of Virginia, at Abingdon, against the defendant seeking to recover for total and permanent disability benefits under a war risk insurance policy. The plaintiff was in the military service of the United States, overseas, and a war risk insurance policy in the sum of $5,000 was issued to him on April 17, 1918. This...

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