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DANNER v. UNITED STATES

No. 11143.

100 F.2d 43 (1938)

DANNER v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 18, 1938.

Attorney(s) appearing for the Case

W. D. Kearney, of Marshalltown, Iowa (V. F. Sieverding, of Grundy Center, Iowa, on the brief), for appellant.

Walter R. Hutchinson, Asst. U. S. Atty., of Cedar Rapids, Iowa (Edward G. Dunn, U. S. Atty., of Mason City, Iowa, 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, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before SANBORN, THOMAS, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This was an action brought by plaintiff, Wanda Danner, as beneficiary of a war risk insurance policy issued to her brother, Harold John.

The action was commenced in July, 1936. Later, an amended and substituted petition was filed alleging that Harold John was enlisted in the United States Army October 11, 1917, and discharged on May 14, 1919; that he died June 10, 1920; that premiums on his war risk insurance policy were paid to and including...

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