UNITED STATES v. DUPRE

No. 9321.

110 F.2d 315 (1940)

UNITED STATES v. DUPRE.

Circuit Court of Appeals, Fifth Circuit.

March 12, 1940.


Attorney(s) appearing for the Case

Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., and Harvey G. Fields, U. S. Atty., and Malcolm E. Lafargue, Asst. U. S. Atty., both of Shreveport, La., for appellant.

Charles A. McCoy, Alvin O. King, and Sam H. Jones, all of Lake Charles, La., for appellee.

Before HOLMES and McCORD, Circuit Judges, and MIZE, District Judge.


MIZE, District Judge.

The appellee, Eliza Dupre, filed her suit against the United States of America based upon a contract of war risk insurance issued to her son, Ernest Dupre, in which she was the sole beneficiary. On the trial of the case in the court below judgment was granted for the appellee. The government appeals and assigns as the only error the action of the court in refusing to direct a verdict for the government.

The appellee relies upon the following...

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