BAKER v. UNITED STATES

No. 5039.

24 F.2d 766 (1928)

BAKER et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 31, 1928.


Attorney(s) appearing for the Case

James P. Alexander, of Waco, Tex. (Harry R. Jones, of Waco, Tex., on the brief), for plaintiffs in error.

John D. Hartman, U. S. Atty., of San Antonio, Tex. (John D. Hartman, U. S. Atty., of San Antonio, Tex., and J. O'C. Roberts, Acting Gen. Counsel U. S. Veterans' Bureau, and Bayless L. Guffy, Atty. U. S. Veterans' Bureau, both of Washington, D. C., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

This was an action on a war risk insurance certificate or policy issued to Everett Baker on February 1, 1918, while he was serving in the United States navy. A jury was duly waived and the court made findings of fact and conclusions of law. The court found that all premiums, up to and including the month of December, 1918, were paid by deductions of the monthly premiums from the insured's pay, that the insured, on December 4, 1918, in writing...

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