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GAFFNEY v. UNITED STATES

No. 6073.

89 F.2d 996 (1937)

GAFFNEY v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

May 6, 1937.

Attorney(s) appearing for the Case

John Duggan, Jr., Morris F. Cohen, and Thomas E. Thornton, all of Pittsburgh, Pa. (John Duggan, Jr., of Pittsburgh, Pa., of counsel), for appellant.

Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., Charles F. Uhl, U. S. Atty., and Stanley Granger, Asst. U. S. Atty., both of Pittsburgh, Pa., and John S. Powers, Sp. Atty., Department of Justice, of Buffalo, N. Y., for the United States.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case of war risk insurance the court granted a compulsory nonsuit and on its refusal to take off the same, the plaintiff on the same day excepted, his exception was noted and sealed by the trial judge. The court having thereafter entered judgment, plaintiff filed his assignment of error, alleging the court erred in entering a nonsuit and refusing to take it off, whereupon his appeal was allowed by the trial judge. Thereupon the appeal...

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