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UNITED STATES v. ASPINWALL

No. 8715.

96 F.2d 867 (1938)

UNITED STATES v. ASPINWALL et al.

Circuit Court of Appeals, Ninth Circuit.

May 20, 1938.

Attorney(s) appearing for the Case

Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Thomas E. Walsh, Atty., Department of Justice, of Washington D. C., and Keith L. Seegmiller, Sp. Asst. to Atty. Gen., Carl C. Donaugh, U. S. Atty., and Gerald J. Meindl, Atty., Department of Justice, both of Portland, Or.

Geo. A. Rhoten and R. H. Bassett, both of Salem, Or., for appellees.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

HANEY, Circuit Judge.

A judgment was entered for appellees in an action brought by them to recover benefits on a war risk insurance policy issued by the United States, insuring the life of Kenneth Aspinwall, deceased. The United States has appealed from the judgment.

Deceased entered military service on April 9, 1917, and on November 16, 1917, applied for and obtained a war risk term insurance policy on his life, in the amount of $10,000. Appellee Ellen Aspinwall...

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