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UNITED STATES v. ST. PAUL MERCURY INDEMNITY CO.

No. 15499.

238 F.2d 594 (1956)

UNITED STATES of America, Appellant, v. ST. PAUL MERCURY INDEMNITY COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

December 4, 1956.

Attorney(s) appearing for the Case

John J. Cound, Atty., Dept. of Justice, Washington, D. C. (George S. Leonard, Acting Asst. Atty. Gen., Harry W. Shackelford, U. S. Atty., Omaha, Neb., and Paul A. Sweeney, Atty., Dept. of Justice, Washington, D. C., with him on the brief), for appellant.

Guy C. Chambers, Lincoln, Neb. (Chambers, Holland, Groth, Dudgeon & Hastings, Lincoln, Neb., were on the brief), for appellee.

C. C. Fraizer, Lincoln, Neb. (T. J. Fraizer, Lincoln, Neb., with him on the brief), for amicus curiae, Health Ins. Ass'n of America.

Before GARDNER, Chief Judge, and JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

JOHNSEN, Circuit Judge.

A veteran of World War II became afflicted with poliomyelitis and was admitted to a Veterans Hospital under the authority of 38 U.S.C.A. § 706. He remained as a patient for about a year and was then released.

He had insurance at the time, in the form of a "poliomyelitis expense policy", issued by an insurance company, under which the insurer agreed to pay him, in case he was striken with poliomyelitis, "for expenses actually incurred...

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