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UNITED STATES v. HARRISON

No. 3103.

49 F.2d 227 (1931)

UNITED STATES v. HARRISON et al.

Circuit Court of Appeals, Fourth Circuit.

April 13, 1931.

Attorney(s) appearing for the Case

Bayless L. Guffy, Atty. U. S. Veterans' Bureau, of Washington, D. C. (James Damron, U. S. Atty., and Okey Paul Keadle and David F. Sheets, Assistant U. S. Attys., all of Huntington, W. Va., and William Wolff Smith, Gen. Counsel, U. S. Veterans' Bureau, of Washington, D. C., on the brief), for the United States.

H. D. Rollins, of Charleston, W. Va., for appellees.

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

PARKER, Circuit Judge.

This is an action upon a war risk insurance policy. The insured was honorably discharged from the navy December 30, 1918. He paid no premiums on his policy after his discharge and the grace period expired February 1, 1919. He died of tuberculosis February 6, 1926. The suit was prosecuted by his administrator and the beneficiaries under the policy on the theory that insured was totally and permanently...

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