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DAFFINRUD v. UNITED STATES

No. 8534.

145 F.2d 724 (1944)

DAFFINRUD v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

December 7, 1944.

Attorney(s) appearing for the Case

Quincy H. Hale and Thomas H. Skemp, both of La Crosse, Wis., for appellant.

Francis M. Shea, Asst. Atty. Gen., Lester P. Schoene and Wilbur C. Pickett, Bureau of War Risk Litigation, both of Washington, D. C., Francis A. Murphy, of Madison, Wis., Wm. M. Lytle, of Chicago, Ill., John J. Boyle, U. S. Atty., of Madison, Wis., and Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., for appellee.

Before SPARKS, KERNER, and MINTON, Circuit Judges.

SPARKS, Circuit Judge.

The plaintiff appeals from a judgment on a verdict in favor of the United States in a suit on a policy of war risk insurance. The only point relied upon as error is the action of the court in denying his motion for a new trial, which, appellant contends, constituted an abuse of discretion which should be corrected by this court.

Plaintiff is the guardian of the insured who was adjudicated incompetent and committed in July, 1921, suffering...

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