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FLEMING v. UNITED STATES

No. 7846.

106 F.2d 452 (1939)

FLEMING v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

On Rehearing November 14, 1939.

Attorney(s) appearing for the Case

J. S. Edmondson, of Memphis, Tenn. (Dixon, Williams & Edmondson, of Memphis, Tenn., on the brief), for appellant.

Thomas E. Walsh, of Washington, D. C. (William McClanahan and C. P. J. Mooney, both of Memphis, Tenn., and Julius C. Martin, and Wilbur C. Pickett, both of Washington, D. C., on the brief), for the United States.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

On Rehearing November 14, 1939. See 107 F.2d 952.

HAMILTON, Circuit Judge.

This action was originally instituted January 22, 1932, by Warner W. Fleming to recover on a $10,000 war risk insurance policy issued to him on his entrance into the United States Army in February, 1918. He was discharged May 21, 1919, and died of pulmonary tuberculosis, February 4, 1936. Appellant, Mrs. Nora A. Fleming, was his beneficiary and executrix...

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