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TOWERY v. UNITED STATES

No. 6567.

97 F.2d 906 (1938)

TOWERY v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

June 18, 1938.

Attorney(s) appearing for the Case

Edward H. S. Martin and Phillip B. Leviton, both of Chicago, Ill., for appellant.

J. Gregory Bruce, of Washington, D. C., Michael L. Igoe, U. S. Atty., and William M. Lytle, Atty., Department of Justice, both of Chicago, Ill., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., and Wilbur C. Pickett and Fendall Marbury, Sp. Assts. to Atty. Gen., for the United States.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

TREANOR, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing the suit at plaintiff's cost. The suit was brought on claims under two war risk insurance policies, the plaintiff seeking to recover as beneficiary under the policies for death benefits and as administrator for total permanent disability benefits.1

The complaint alleged that insured, the deceased, became totally and permanently disabled on...

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