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COUNTEE v. UNITED STATES

No. 7865.

127 F.2d 761 (1942)

COUNTEE v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 3, 1942.

Attorney(s) appearing for the Case

Edward H. S. Martin, of Chicago, Ill., for appellant.

Julius C. Martin, Wilbur C. Pickett, and Keith L. Seegmiller, all of Washington, D. C., and J. Albert Woll and Wm. M. Lytle, both of Chicago, Ill., for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a judgment, entered April 3, 1941, upon a jury verdict in favor of the Government, in a suit to recover continuing payments of total permanent disability benefits under a contract of war risk insurance.

Plaintiff, on July 9, 1928, in the District Court for the Western District of Washington, recovered a judgment for all accrued benefits under said contract upon a finding that he was totally and permanently disabled...

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