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JAMES v. UNITED STATES

No. 6126.

185 F.2d 115 (1950)

JAMES v. UNITED STATES.

United States Court of Appeals Fourth Circuit.

Decided November 8, 1950.

Attorney(s) appearing for the Case

William I. Ward, Jr., Statesville, N. C., for appellant.

Thomas E. Walsh, Attorney, Department of Justice, Washington, D. C. (Thomas A. Uzzell, Jr., U. S. Atty., Asheville, N. C., James B. Craven, Jr., Asst. U. S. Atty., Morganton, N. C., H. G. Morison, Asst. Atty. Gen., and D. Vance Swann, Attorney, Department of Justice, Washington, D. C., on brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and TIMMERMAN, District Judge.

DOBIE, Circuit Judge.

This action was brought against the United States under 38 U.S.C.A. §§ 445, 817, to recover on a $10,000. policy of National Service Life Insurance. A motion for summary judgment for the United States was not ruled upon, and the case was tried on the merits before the United States District Court for the Western District of North Carolina, sitting without a jury. Judgment was entered for the United States 89 F.Supp...

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