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HERSHBERGER v. UNITED STATES

No. 8362.

138 F.2d 515 (1943)

HERSHBERGER v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

November 10, 1943.

Attorney(s) appearing for the Case

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

Keith L. Seegmiller, Asst. U. S. Atty., of Washington, D. C., Alexander M. Campbell, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of South Bend, Ind., Francis M. Shea, Asst. Atty. Gen., and Lester P. Schoene, Director, Bureau of War Risk Litigation, and Wilbur C. Pickett, Asst. Director, Bureau of War Risk Litigation, both of Washington, D. C., for appellee.

Before SPARKS, KERNER, and MINTON, Circuit Judges.

MINTON, Circuit Judge.

On April 26, 1935, the plaintiff-appellant filed suit in the District Court for the Northern District of Indiana against the United States on a war risk insurance policy.

On September 13, 1935, the defendant filed a plea in abatement, challenging the capacity of the plaintiff to sue on the ground that he was of unsound mind. Reply to the plea in abatement was filed on December 31, 1935. On the issue thus formed on the plea in abatement...

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