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UNITED STATES v. SELLERS

No. 7499.

75 F.2d 623 (1935)

UNITED STATES v. SELLERS.

Circuit Court of Appeals, Fifth Circuit.

February 5, 1935.

Attorney(s) appearing for the Case

Wilbur C. Pickett, Sp. Asst. to Atty. Gen., and J. Gregory Bruce, Atty., Department of Justice, both of Washington, D. C., R. M. Bourdeaux, U. S. Atty., of Meridian, Miss., and Allen Crenshaw, Atty., Department of Justice, of Birmingham, Ala., for the United States.

Chas. S. Campbell, of Jackson, Miss., for appellee.

Before SIBLEY, HUTCHESON, and WALKER, Circuit Judges.

SIBLEY, Circuit Judge.

Claud G. Sellers sued on a policy of war risk insurance, recovered, and the United States appeal. The declaration showed non-payment of premiums after his discharge from the Army August 28, 1919, but set up that in October, 1922, a compensation award was made by the Veterans' Bureau for a partial disability from date of discharge to April 17, 1922, and temporary total disability thereafter in a sum in excess of the premiums due on the policy...

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