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RUSSIAN v. UNITED STATES

No. 6131.

87 F.2d 895 (1937)

RUSSIAN v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

January 25, 1937.

Attorney(s) appearing for the Case

R. L. Levy and George W. Ellis, both of Scranton, Pa., for appellant.

Frederick V. Follmer, U. S. Atty., of Scranton, Pa., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to the Atty. Gen., and Young M. Smith, of Washington, D. C., Atty., Department of Justice, for the United States.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This war risk insurance case was considered by this court in an opinion reported in 73 F.2d 363, 365. Therein the facts were marshaled and discussed with the thoroughness and detail characteristic of the judge delivering the same, and it was there held: "The District Court fell into error in refusing the government's motion for a directed verdict." A new trial being allowed in such

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