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UNITED STATES v. EIDE

No. 8178.

88 F.2d 682 (1937)

UNITED STATES v. EIDE.

Circuit Court of Appeals, Ninth Circuit.

February 23, 1937.

Attorney(s) appearing for the Case

H. H. McPike, U. S. Atty., and Thomas C. Lynch, Sp. Asst. to the U. S. Atty., both of San Francisco, Cal. (Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Thomas E. Walsh and W. Clifton Stone, Attys., Department of Justice, both of Washington, D. C., of counsel), for the United States.

Alvin Gerlack, of San Francisco, Cal., for appellee.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

In an action to recover on a war risk insurance policy, the jury returned a verdict for appellee, and from the judgment entered in accordance therewith, the government appeals.

The soldier contracted influenza while in the army, and appellee seeks recovery on the ground that the soldier contracted a neuropsychiatric disease as a result of the influenza, which rendered him totally and permanently disabled.

Appellee called Dr. Edwin...

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