WILLIAMS, District Judge.
Plaintiff was inducted into service on September 4, 1918, and made application for his insurance on October 7, 1918, within 120 days from the date of enlistment.
Section 401 of article 4 of the War Risk Insurance Act, as added by Act Oct. 6, 1917, § 2 (40 Stat. 409 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 514uu]), is as follows:
"That such insurance must be applied for within one hundred and twenty days after...
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