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UNITED STATES v. ANDERS

No. 8202.

88 F.2d 509 (1937)

UNITED STATES v. ANDERS.

Circuit Court of Appeals, Ninth Circuit.

March 8, 1937.

Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., of Butte, Mont., 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, Atty., Dept. of Justice, of Washington, D. C., for the United States.

John W. Mahan, of Helena, Mont., for appellee.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.

GARRECHT, Circuit Judge.

Henry Anders, the appellee, enlisted in the United States Army April 15, 1917, and saw service in France. Shortly after enlistment he applied for and was granted war risk insurance in the sum of $10,000, and paid premiums thereon to keep the insurance in force until May, 1919. He suffered a foot injury in October, 1918, at Survinne, France. An infection set in and he was hospitalized for approximately six weeks. He did not rejoin his company...

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