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UNITED STATES v. PREECE

No. 1381.

85 F.2d 952 (1936)

UNITED STATES v. PREECE.

Circuit Court of Appeals, Tenth Circuit.

October 6, 1936.

Attorney(s) appearing for the Case

Randolph C. Shaw, Sp. Asst. to the Atty. Gen. (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Dan B. Shields, U. S. Atty., of Salt Lake City, Utah, on the brief), for the United States.

Clarence Baird, of Salt Lake City, Utah (Joseph G. Jeppson and Geo. A. Faust, both of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

This is an action to recover automatic insurance benefits. Plaintiff enlisted in the military service May 5, 1917, and was discharged September 22, 1917. He alleged that he became totally and permanently disabled during service; a jury returned a verdict in his favor; judgment was entered thereon, and the government appealed. Three contentions are advanced for reversal: (1) That all subsisting provisions for claims for automatic insurance were...

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