NEVINS v. UNITED STATES

Nos. 6393, 6399.

95 F.2d 553 (1938)

NEVINS v. UNITED STATES. HUNTER v. SAME.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 18, 1938.


Attorney(s) appearing for the Case

Frank C. Wade, of Terre Haute, Ind., for appellants.

Newman A. Townsend, of Washington, D. C., and Val Nolan, U. S. Atty., of Indianapolis, Ind., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Young M. Smith, Atty., Department of Justice, of Washington, D. C.

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


SPARKS, Circuit Judge.

These two appeals arise out of separate suits on policies of war risk insurance. They were separately heard in this court, but since they present identical questions, and since the state of the record in each precludes our consideration of the evidence, we discuss them together.

In each cause, the appeal was taken by the insured from a judgment in favor of the Government. In each, there was a waiver of jury, and, at the close of evidence...

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