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UNITED STATES v. WALLACE

No. 2317.

123 F.2d 484 (1941)

UNITED STATES v. WALLACE et al.

Circuit Court of Appeals, Tenth Circuit.

October 31, 1941.

Attorney(s) appearing for the Case

Thomas E. Walsh, 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., Charles E. Dierker, U. S. Atty., and John Brett, Asst. U. S. Atty., both of Oklahoma City, Okl., and Charles L. Chalender, of Kansas City, Mo., Atty., Department of Justice, on the brief), for appellant.

Tom Garrett, of Oklahoma City, Okl., for appellees.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The plaintiffs (appellees here) recovered judgment on a contract of insurance issued to the deceased, John Byrl Wallace, while in the military service of the United States, based upon proof of total and permanent disability while the contract was in full force and effect. The United States has appealed.

This appeal presents the sole question of whether or not the suit was barred by Section 19...

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