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BYRD v. UNITED STATES

No. 1839.

106 F.2d 821 (1939)

BYRD v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied November 10, 1939.

Attorney(s) appearing for the Case

Hal M. Black, of Wichita, Kan. (H. F. Hudson, of Wichita, Kan., and Frank C. Wade, of Terre Haute, Ind., on the brief), for appellant.

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

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action on a policy of war risk insurance issued to Earl W. Owens. It was brought by Anna Marguerite Thomison, as administratrix of the estate of Earl W. Owens, deceased, and in her individual capacity as beneficiary under the policy. While the action was pending Thomison died and it was revived in the name of C. M. Byrd, as administrator de bonis non of Owens' estate and as administrator of Thomison's estate.

The petition...

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