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EIDAM v. UNITED STATES

No. 10488.

86 F.2d 192 (1936)

EIDAM et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 5, 1936.

Attorney(s) appearing for the Case

Howard Saxton, of Omaha, Neb., for appellants.

Frederick G. Hawxby, Asst. U. S. Atty., of Omaha, Neb. (Joseph T. Votava, U. S. Atty., of Omaha, Neb., Frederick H. Wagener, Atty., Department of Justice, Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Before STONE, WOODROUGH, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

This is an action on a war risk insurance policy, for death claimed to have occurred during the life of the policy. The same cause of action was here on a second amended petition [74 F.2d 350], where this court affirmed the sustaining of a demurrer on the ground that the second amended petition failed to allege a disagreement within the requirements of the statute. After the decision in this court, the case was...

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