UNITED STATES v. SEARLS

No. 3101.

49 F.2d 224 (1931)

UNITED STATES v. SEARLS et al.

Circuit Court of Appeals, Fourth Circuit.

April 13, 1931.


Attorney(s) appearing for the Case

Okey P. Keadle, Asst. U. S. Atty., of Huntington, W. Va. (James Damron, U. S. Atty., and David F. Sheets, Asst. U. S. Atty., both of Huntington, W. Va., William Wolff Smith, 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.

Roderick G. Merrick, of Charleston, W. Va., for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and GLENN, District Judge.


PARKER, Circuit Judge.

This is an appeal from a judgment in favor of plaintiffs, who are beneficiaries under a policy of war risk insurance issued to one Dolph C. Searls, who died April 22, 1922. Insured was honorably discharged from the army May 13, 1919, and paid no premiums after his discharge. The grace period kept the policy operative to and including June 30, 1919, and the question in the case is whether he was totally and permanently disabled at that time....

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