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AUSTIN v. UNITED STATES

No. 7873.

125 F.2d 816 (1942)

AUSTIN v. UNITED STATES et al.

Circuit Court of Appeals, Seventh Circuit.

February 16, 1942.

Attorney(s) appearing for the Case

Edward H. S. Martin, of Chicago, Ill., for appellant.

Julius C. Martin, Asst. Atty. Gen., Keith L. Seegmiller, of Washington, D. C., Arthur Roe, U. S. Atty., of East St. Louis, Ill., Wm. M. Lytle, Asst. U. S. Atty., of Chicago, Ill., and Wilbur C. Pickett, of Washington, D. C., for appellee.

Chauncey S. Conger and Ivan A. Elliott, both of Carmi, Ill., James G. Gullett, of Elizabethtown, Ill., and Noah Gullett, of Springfield Ill., for intervenor-appellees.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff, the named beneficiary in a policy of war risk insurance on the life of Earl Warren Austin, sued defendant, alleging that the insured died on March 20, 1939, while the policy was in force. The defendant and intervening petitioners interposed an affirmative defense and moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The District Court sustained the motion, entered...

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