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DANIELS v. UNITED STATES

No. 4146.

92 F.2d 288 (1937)

DANIELS v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 17, 1937.

Attorney(s) appearing for the Case

John H. Hall, of Elizabeth City, N. C. (Martin Kellogg, Jr., of Manteo, N. C., on the brief), for appellant.

Fendall Marbury, Sp. Asst. to Atty. Gen. (J. O. Carr, U. S. Atty., of Wilmington, N. C., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Young M. Smith, Atty., Department of Justice of Washington, D. C., on the brief), for the United States.

Before NORTHCOTT and SOPER, Circuit Judges, and WYCHE, District Judge.

PER CURIAM.

This is an action brought in October, 1935, in the District Court of the United States for the Eastern District of North Carolina, at Elizabeth City, on a war risk insurance policy.

The plaintiff, Lewis Daniels, was inducted into the military service of the United States on August 4, 1918, at which time he was twenty-four years old. On August 27, 1918, the insurance policy was issued, and on September 11, 1918, he was admitted to the hospital at...

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