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McDOWELL v. UNITED STATES

No. 1908.

107 F.2d 553 (1939)

McDOWELL v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

November 2, 1939.

Attorney(s) appearing for the Case

Bailey E. Bell and Henry M. Gray, both of Tulsa, Okl., for appellant.

Whitfield Y. Mauzy, U. S. Atty., of Tulsa, Okl., Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Kenneth E. Spencer, Atty., Dept. of Justice, of Washington, D. C., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

Plaintiff brought this action against the United States in the District Court of the United States for the Northern District of Oklahoma to recover upon a policy of war risk insurance, seeking permanent total disability benefits. The parties will be designated herein as they appeared in the court below.

In his petition, plaintiff alleged that he was permanently and totally disabled when discharged...

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