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UNITED STATES v. FAIRBANKS

No. 8196.

89 F.2d 949 (1937)

UNITED STATES v. FAIRBANKS.

Circuit Court of Appeals, Ninth Circuit.

May 3, 1937.

Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., of Butte, Mont., and Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and W. Clifton Stone and Keith L. Seegmiller, Attys., Dept. of Justice, both of Washington, D. C., for the United States.

Molumby, Busha & Greenan, of Great Falls, Mont., for appellee.

Before GARRECHT and HANEY, Circuit Judges, and NETERER, District Judge.

GARRECHT, Circuit Judge.

This is an appeal from a judgment of the trial court in favor of the plaintiff on a policy of war risk insurance. Pursuant to stipulation filed, the cause was tried to a court without a jury and findings of fact and conclusions of law were made and entered.

Frank R. Fairbanks, plaintiff-appellee, enlisted in the United States Army October 5, 1917, at Fort Benton, Mont., and went to France with his company. On July 19, 1918, he was...

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