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UNITED STATES v. SAWLER

No. 3427.

104 F.2d 757 (1939)

UNITED STATES v. SAWLER.

Circuit Court of Appeals, First Circuit.

June 13, 1939.

Attorney(s) appearing for the Case

Timothy A. Curtin, Atty., Department of Justice, of Boston, Mass. (Edmund J. Brandon, U. S. Atty., and William J. Hession, Regional Atty., both of Boston, Mass., and Julius C. Martin, Wilbur C. Pickett, Fendall Marbury, Keith L. Seegmiller, and Kenneth E. Spencer, all of Washington, D. C., on the brief), for the United States.

Dwight L. Allison, of Boston, Mass., for appellee.

Before WILSON and PETERS, Circuit Judges, and BREWSTER, District Judge.

BREWSTER, District Judge.

The plaintiff-appellee (hereinafter referred to as the "plaintiff") sued upon a contract of war risk insurance and recovered judgment in the District Court.

He enlisted December 15, 1917, and on February 1, 1918, a policy of war risk insurance for $5,000 was issued to him, which policy expired on August 31, 1918.

On July 9, 1918, the plaintiff was discharged from the Quartermaster Corps as unfit for service, due to chorea...

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