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UNITED STATES v. DEPEW

No. 1659.

100 F.2d 725 (1938)

UNITED STATES v. DEPEW.

Circuit Court of Appeals, Tenth Circuit.

December 27, 1938.

Attorney(s) appearing for the Case

Thomas E. Walsh, of Washington, D. C. (Summerfield S. Alexander, U. S. Atty., R. T. McCluggage, Asst. U. S. Atty., of Topeka, Kan., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., on the brief), for the United States.

Lewis A. Hasty, of Wichita, Kan. (Roger P. Almond, of Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

Joseph Elbert Depew enlisted in the army on December 6, 1916, and was honorably discharged on June 4, 1920. He reenlisted on October 20, 1920, and served successive enlistment periods until he was honorably discharged on September 20, 1932. In April, 1931, he made written application for a five-year convertible term policy of insurance. In answering questions propounded in the application, he stated that he was then in good health, and that...

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