CAPRIO v. UNITED STATES

No. 2450.

45 F.2d 520 (1930)

CAPRIO v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

November 26, 1930.


Attorney(s) appearing for the Case

Leo M. Harlow, of Boston, Mass., for appellant.

John Laurence Hurley, Sp. Asst. to U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., and William J. Hession, Regional Atty., U. S. Veterans' Bureau, both of Boston, Mass., on the brief), for the United States.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.


ANDERSON, Circuit Judge.

This is an action to recover automatic insurance, so called, under section 401 of the War Risk Insurance Act of October 6, 1917, 40 Stat. 409, which, so far as now material, reads as follows:

"Any person in the active service on or after the sixth day of April, nineteen hundred and seventeen, who, while in such service and before the expiration of one hundred and twenty days from and after such publication, becomes or has become totally...

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