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UNITED STATES v. MATHIS

No. 1362.

84 F.2d 451 (1936)

UNITED STATES v. MATHIS.

Circuit Court of Appeals, Tenth Circuit.

June 16, 1936.

Attorney(s) appearing for the Case

Randolph C. Shaw, of Washington, D. C. (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Fendall Marbury, Sp. Asst. to the Atty. Gen., and Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Frank C. Wade, of Terre Haute, Ind. (Frank O'Brien, of Fort Scott, Kan., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal by the United States from a judgment recovered by Mathis on a policy of war risk insurance.

Mathis served in the United States Army from May 1, 1917 to March 28, 1918. On February 1, 1918, he applied for and received a policy of war risk term insurance for $10,000. He duly filed a claim for insurance benefits on March 21, 1930. The claim was denied March 29, 1932, and Mathis brought the action within the time limited...

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