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UNITED STATES v. PHILLIPS

No. 6230.

92 F.2d 849 (1937)

UNITED STATES v. PHILLIPS.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 7, 1937.

Attorney(s) appearing for the Case

Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Michael L. Igoe, U. S. Atty., of Chicago, Ill., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., Young M. Smith, Atty., Department of Justice, of Washington, D. C., Wm. M. Lytle, Atty., Department of Justice, of Chicago, Ill., and Fendall Marbury, of Washington, D. C., for appellant.

Edward H. S. Martin, of Chicago, Ill., for appellee.

Before EVANS, and MAJOR, Circuit Judges, and LINDLEY, District Judge.

This action was brought by appellee on a war risk insurance policy. It resulted in a judgment in his favor. Two questions are raised in this court. One goes to the jurisdiction and the other to the admissibility of evidence and its sufficiency to sustain the judgment.

EVANS, Circuit Judge.

The policy was issued December 1, 1917. No premiums were paid after the insured's discharge from the service on the 8th day of February, 1919. This action was begun August...

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