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UNITED STATES v. BECKER

No. 5697.

86 F.2d 818 (1936)

UNITED STATES v. BECKER.

Circuit Court of Appeals, Seventh Circuit.

December 8, 1936.

Attorney(s) appearing for the Case

Thomas E. Walsh, of Washington, D. C., James R. Fleming, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., Will G. Beardslee, Director Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Armistead L. Boothe, Atty., Department of Justice, of Washington, D. C., for the United States.

Floyd O. Jellison, and Lewis J. Murphy, both of South Bend, Ind., for appellee.

Before SPARKS, Circuit Judge, and LINDLEY, and BALTZELL, District Judges.

LINDLEY, District Judge.

The government appeals from a judgment rendered in favor of appellee upon a contract for war risk insurance benefits.

Appellee enlisted in the army on April 16, 1917; went overseas in December, 1917, and remained in France and Germany until his return to America and discharge on September 6, 1919. Upon his entry, he applied for and obtained insurance, the premiums for which were deducted from his pay until January 24, 1919, when he...

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