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GILPIN v. UNITED STATES

No. 3502.

67 F.2d 245 (1933)

GILPIN v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 3, 1933.

Attorney(s) appearing for the Case

James Harold Martin, of Princeton, W. Va. (C. B. Martin, of Princeton, W. Va., on the brief), for appellant.

David D. Ashworth, U. S. Atty, of Beckley, W. Va. (Okey P. Keadle, Asst. U. S. Atty., of Huntington, W. Va., and Thomas E. Walsh, Chief Atty., U. S. Veterans' Administration, of Washington, D. C., on the brief), for the United States.

Before NORTHCOTT and SOPER, Circuit Judges, and GLENN, District Judge.

PER CURIAM.

This is a suit brought in the District Court of the United States for the Southern District of West Virginia, by the appellant against the United States, on a war risk insurance policy. The policy expired October 31, 1919. It is claimed on behalf of appellant that at the time of the lapse of the policy he was afflicted with encephalitis or sleeping sickness. The case was tried at Bluefield in January, 1933, and, after the introduction of evidence on part...

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