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UNITED STATES v. KELLEY

No. 11599.

110 F.2d 922 (1940)

UNITED STATES v. KELLEY.

Circuit Court of Appeals, Eighth Circuit.

April 9, 1940.

Attorney(s) appearing for the Case

Keith L. Seegmiller, Atty. for Department of Justice, of Washington, D. C. (Julius C. Martin, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and Maurice M. Milligan, U. S. Atty., and Charles L. Chalender, Atty. for Department of Justice, both of Kansas City, Mo., on the brief), for appellant.

Fred Maughmer, of Savannah, Mo. (J. Harry Latham, of Savannah, Mo., and C. L. Dawson, of Washington, D. C., on the brief), for appellee.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal from a judgment entered upon the verdict of a jury awarding the plaintiff, appellee in this court, total permanent disability benefits under a contract of war-risk term insurance. Motions to dismiss for want of jurisdiction and for a directed verdict were overruled, and the Government appeals.

On appeal the Government contends (1) that the plaintiff's right of suit is barred by

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