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UNITED STATES v. HIBBARD

No. 7871.

83 F.2d 785 (1936)

UNITED STATES v. HIBBARD et al.

Circuit Court of Appeals, Ninth Circuit.

May 5, 1936.

Attorney(s) appearing for the Case

John A. Carver, U. S. Atty., and E. H. Casterlin and Frank Griffin, Asst. U. S. Attys., all of Boise, Idaho, Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, and Randolph C. Shaw, Sp. Assts. to the Atty. Gen., and Keith L. Seegmiller, Atty. Department of Justice, of Washington, D. C., for the United States.

Hawley & Worthwine, Jess Hawley, and Oscar W. Worthwine, all of Boise, Idaho, for appellees.

Before WILBUR, GARRECHT, and MATHEWS, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal from a judgment in favor of Calyin Hibbard upon his war risk insurance policy rendered in pursuance of a verdict to the effect that he was totally and permanently disabled from and after the 18th of March, 1919. Subsequent to the rendition of the judgment on October 6, 1934, the veteran died on October 25, 1934. On December 19, 1934, appellant suggested the death of plaintiff and prayed for the substitution of the widow and...

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