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TIEBEN v. UNITED STATES

No. 6455.

96 F.2d 907 (1938)

TIEBEN v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

May 11, 1938.

Attorney(s) appearing for the Case

Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, and Fendall Marbury, Sp. Asst. to Atty. Gen., James R. Fleming, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., and Alexander M. Campbell, Asst. U. S. Atty., of Fort Wayne, Ind., and Keith L. Seegmiller, of Washington, D. C.

Clarence E. Benadum, of Muncie, Ind., and Byron G. Jenkins, of Portland, Ind., for appellee.

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

MAJOR, Circuit Judge.

This action is to recover total and permanent disability benefits under a contract of war risk term insurance in the sum of $10,000 issued to plaintiff's ward while in the military service of the United States during the World War. The case was tried by jury, which found for the plaintiff. Judgment, from which this appeal is taken, was rendered thereon.

The complaint alleged that during the period of the insured's military service, and...

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