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McBEE v. UNITED STATES

No. 2412.

126 F.2d 238 (1942)

McBEE v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

February 24, 1942.

Attorney(s) appearing for the Case

Ella McBee, guardian and next friend of appellant, pro se.

Charles L. Chalender, Atty., Department of Justice, of Kansas City, Mo. (Cleon A. Summers, U. S. Atty., and William H. Landram, Asst. U. S. Atty., both of Muskogee, Okl., on motion to dismiss), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Stephen McBee, an incompetent person, by his guardian, Ella McBee, has appealed from the decision of the United States District Court for the Eastern District of Oklahoma denying recovery on a war risk insurance policy issued to him by the government. A motion was filed to dismiss the appeal for failure to comply with Rule 75 (a) of the New Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Rule 75(a) requires the appellant to promptly...

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